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2026 DAILYLAW 46755 (KAR)

SRI UMASHANKAR N v. SRI K S ANANDA MURTHY

CRL.RP/287/2024 · 2026-02-02

S Vishwajith Shetty

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:5809 CRL.RP No. 287 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 287 OF 2024 BETWEEN: SRI UMASHANKAR N S/O SRI NANJUNDAPPA S AGED ABOUT 50 YEARS OFFICE AT NO.550 7TH MAIN ROAD VIJAYANAGARA BENGALURU - 560 040. …PETITIONER (BY SRI SANMUKH REDDY, ADV.) AND: SRI K.S. ANANDA MURTHY S/O LATE K.N. SHIVANNA AGED ABOUT 53 YEARS R/AT NO.4/A, 3RD MAIN ROAD 13TH CROSS, CHANDRA LAYOUT VIJAYANAGARA BENGALURU - 560 040. …RESPONDENT (BY SRI ASHOKA T, ADV.,) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-63), BENGALURU IN CRL.A.NO.386/2017 DATED 20.01.2024 AND TO SET ASIDE THE JUDGMENT PASSED BY THE XXIX ADDL.C.M.M. (SCCH-18), BENGALURU DATED 17.02.2017 IN C.C.NO.12663/2013 AND ALLOW TH IS CRL.RP THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5809 CRL.RP No. 287 of 2024 ORAL ORDER 1. The accused is before this Court in this revision petition filed under Section 397 R/w Section 401 of Cr.P.C, with a prayer to set aside the judgment and order of conviction and sentence passed in C.C.No.12663 of 2013 dated 17.02.2017 by the Court of 29th ACMM, Bengaluru and the judgment and order dated 20.01.2024 passed in Criminal Appeal No.386 of 2017 by the Court of LXII Addl. City Civil & Sessions Judge, Bengaluru. 2. Learned counsel for the petitioner and learned counsel for the respondent jointly submit that dispute between the parties has been amicably settled during pendency of this petition and the respondent / complainant has agreed to receive a sum of ₹.1,50,000/- from the petitioner towards full and final settlement of his claim under the cheque in question. They submit that parties have filed an application under Section 147 of the Negotiable Instruments Act, 1881 R/w Section 320(2) of Cr.P.C, with a prayer to permit them to compound the offence for which the petitioner has been convicted. The parties, who are present in person before the Court are identified by their learned advocates and it is submitted that - 3 - HC-KAR NC: 2026:KHC:5809 CRL.RP No. 287 of 2024 settlement arrived between the parties is voluntary without any undue influence and coercion. The application filed under Section 147 of Negotiable Instruments Act Read with Section 320 of Cr.P.C, is signed by the respective parties and also by their learned advocates. The said application dated 02.02.2026 is taken on record. In paragraph no.2 of the applications, it is stated as follows:- "2. It is submitted that now the matter is compromised on the intervention of elders, the petitioner and respondent both are relatives. The respondent and petitioner agreed to settled the matter amicable, the respondent have agreed to receive cheque amount of Rs.1,50,000/- and for compromise. THe petitioner has deposited Rs.57,000/- before trail court, petitioner has no objection to release amount of Rs.57,000/- in favour or respondent, remaining balance of Rs.93,000/- paying today by way of cash to the respondent." 3. Considering the aforesaid aspects of the matter and also having regard to the fact that the offence punishable under Section 138 of the Negotiable Instruments Act is a compoundable offence, I am of the opinion that the prayer made by the parties in the application (I.A.No.1 of 2026) to - 4 - HC-KAR NC: 2026:KHC:5809 CRL.RP No. 287 of 2024 permit them to compound the offence, for which the petitioner has been convicted and sentenced by the Courts below needs to be granted and consequently the revision petition is required to be disposed of in terms of the settlement between the parties. 4. Respondent / complainant has admitted receipt of ₹.93,000 in cash from the petitioner today. 5. Accordingly the following:- ORDER (i) I.A.No.1 of 2026 is allowed and the parties are permitted to compound the offence punishable under Section 138 of Negotiable Instruments Act, for which the petitioner has been convicted and sentenced by the Courts below. Consequently, the Criminal Revision petition is allowed and the impugned judgment and order of conviction and sentence passed by the Courts below are set aside and the petitioner is acquitted of the - 5 - HC-KAR NC: 2026:KHC:5809 CRL.RP No. 287 of 2024 offence punishable under Section 138 of the Negotiable Instruments Act. (ii) The bail bonds of the petitioner, if any stands cancelled. (iii) Respondent / complainant is permitted to withdraw the amount of ₹ 57,000 deposited by the petitioner before the Trial court in C.C.No.12663 of 2013. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 32