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2026 DAILYLAW 46924 (KAR)

MR. SYED HASEEB v. SRI. AMAANULLA

CRL.RP/318/2024 · 2026-02-02

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6070 CRL.RP No. 318 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. 318 OF 2024 BETWEEN: MR. SYED HASEEB S/O LATE SYED MAQTHIAR AHMED AGE 30 YEARS R/AT KUMBARPET MAIN ROAD KOLAR TOWN AND DISTRICT - 563 101. …PETITIONER (BY SRI SYED ZAHEERUDDIN BAREED, ADV.) AND: SRI AMAANULLA S/O LATE AZMAT PASHA AGE 53 YEARS R/AT N.R. EXTENTION CHINTHAMANI TOWN - 563 125. …RESPONDENT (BY SRI VISHAL V SHRIYAN, ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING PLEASED TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND J.M.F.C., CHINTAMANI IN C.C.NO.352/2019 DATED 22.07.2021, FOR THE OFFENCE P/U/S 138 OF N.I. ACT. 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:6070 CRL.RP No. 318 of 2024 ORAL ORDER 1. Accused is before this Court in this petition filed under Section 397 read with Section 401 of Cr.P.C. with a prayer to set-aside the judgment and order of conviction and sentence passed in CC No.352/2019 dated 22.07.2021 and the judgment and order passed in Crl.A.No.60/2021 dated 11.10.2023 by the Court of II Addl. District and Sessions Judge, Chikkaballapura, sitting at Chintamani. 2. Learned counsel for the petitioner and learned counsel for the respondent jointly submit that dispute between the parties has been settled amicably during the pendency of this petition outside the Court and parties have filed an application under Section 147 of the N. I. Act read with Section 320 (2) of Cr.P.C. and Section 359 of BNSS, 2023, with a prayer to permit them to compound the offence for which petitioner has been convicted and sentenced by both the Courts. They submit that respondent/complainant has agreed to receive a sum of Rs.2,00,000/- from petitioner towards full and final settlement of the amount covered under the cheque in question. They also submit that settlement arrived between the parties is voluntary - 3 - HC-KAR NC: 2026:KHC:6070 CRL.RP No. 318 of 2024 without therebeing any undue influence or coercion. The parties, who are present in-person before the Court are identified by their respective Advocates. 3. The application filed by the parties under Section 147 of N. I. Act read with Section 320 (2) of Cr.P.C. and Section 359 of BNSS, 2023, dated 02.02.2026 is taken on record. In paragraph Nos.2 to 4 of the said application, it is stated as follows:- "2. It is submitted by the Petitioner and Respondent that with the intervention of the elders of both the side the matter is compromised and settled amicabally. The Cheque amount is Rs.2,53,000/- and the matter is settled for a total amount of Rs.2,00,000/- and both the Petitioner and the Respondent had agreed for the same. The Petitioner herein had already deposited Rs.1,31,500/- and the balance of Rs.68,500/- is paid by the Petitioner to the Respondent through Phone pay bearing transaction ID No.T2602021359172306120735, DATED 02-02- 2026. 3. It is submitted that the offence under Section 138 is compoundable with the permission of this Hon'ble court, as the Revision Petition is pending - 4 - HC-KAR NC: 2026:KHC:6070 CRL.RP No. 318 of 2024 before this Hon'ble court this Hon'ble Court may kindly be pleased to grant permission to Compound the Offence Under Section 138. The Respondent has no objection to compound the same. 4. It is also submitted that the Petitioner has no objection to withdraw the amount of Rs.1,31,500/- by the Respondent, deposited before the Learned Prl. Civil Judge and J.M.F.C, at Chintamani and the Respondent may be permitted to withdraw the same." 4. Considering the aforesaid and also having regard to the fact that offence punishable under Section 138 of the N. I. Act, is compoundable in nature, I am of the opinion that the prayer made in the application filed today by the parties needs to be granted and the revision petition is required to be disposed off in terms of the settlement arrived between the parties. Accordingly, the following:- ORDER (i) IA No.1/2026 filed by the parties under Section 147 of the N. I. Act read with Section 320 (2) of Cr.P.C. and Section 359 of BNSS, 2023, is allowed and the parties are permitted to compound the offence punishable under Section 138 of the N. - 5 - HC-KAR NC: 2026:KHC:6070 CRL.RP No. 318 of 2024 I. Act for which petitioner has been convicted and sentenced by both the Courts. (ii) Consequently, the criminal revision petition is allowed and the impugned judgment and order of conviction and sentence passed in CC No.352/2019 dated 22.07.2021 and the judgment and order passed in Crl.A.No.60/2021 dated 11.10.2023 by the Court of II Addl. District and Sessions Judge, Chikkaballapura, sitting at Chintamani, are set- aside. (iii) The petitioner is acquitted of the offence punishable under Section 138 of the N. I. Act. His bail bonds, if any, stands cancelled. (iv) Respondent, who is present in-person acknowledges receipt of Rs.68,500/- from the petitioner. (v) The amount of Rs.1,31,500/- deposited by the petitioner before the Trial Court is permitted to be withdrawn by the respondent/complainant. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 33