- 1 - HC-KAR NC: 2026:KHC:2905 CRL.RP No. 461 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 461 OF 2022 BETWEEN: 1. M/S. ASHIRWAD SHELTERS, A PARTNERSHIP CONCERN, SITUATED AT NO.1013/21, 1ST FLOOR, 38TH CROSS, 26TH MAIN, 4TH T BLOCK, JAYANAGAR, BENGALURU - 560 041. 2. SRI. HARIPRASAD H.S., PARTNER OF M/S. ASHIRWADH SHELTERS, A PARTNERSHIP CONCERN, SITUATED AT NO.1013/21, 1ST FLOOR, 38TH CROSS, 26TH MAIN, 4TH T BLOCK, JAYANAGAR, BENGALURU - 560 041. 3. GOWRISH B. SUGAR, PARTNER OF M/S. ASHIRWADH SHELTERS, A PARTNERSHIP CONCERN, SITUATED AT NO.1013/21, 1ST FLOOR, 38TH CROSS, 26TH MAIN, 4TH T BLOCK, JAYANAGAR, BENGALURU - 560 041. 4. DINESH V, PARTNER OF M/S. ASHIRWADH SHELTERS, A PARTNERSHIP CONCERN, SITUATED AT NO.1013/21, Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2905 CRL.RP No. 461 of 2022 1ST FLOOR, 38TH CROSS, 26TH MAIN, 4TH T BLOCK, JAYANAGAR, BENGALURU - 560 041. …PETITIONERS (BY SRI. MOHAN KUMAR M.E, ADVOCATE) AND: 1. SRI. NITHYAVATHI K, W/O MR. SRIDHAR, AGED ABOUT 53 YEARS, RESIDING AT NO.3/348, AMRITHA NAGAR, HOSUR - 635 126. SINCE DEAD BY LRS 1(A). SRI. G. SRIDHAR (HUSBAND) S/O GOPAL REDDY, R/A NO. 3/848 AMIRTHA NAGAR, ARASANATTI MOOKNDAPALLI, SIPCTO, HOSUR, KRISHNGIRI, TAMILNADU. 1(B). KUM SRIRANJANI S, S/O SRI. G. SRIDHAR AND ALTE NITHYAVATHI K, R/A NO. 3/848 AMIRTHA NAGAR, ARASANATTI MOOKNDAPALLI, SIPCTO, HOSUR, KRISHNGIRI, TAMILNADU. …RESPONDENTS (BY SMT. MANJULA A, ADVOCATE FOR R1(A); SMT. S.TEJASWINI, ADVOCATE FOR LR'S OF DECEASED RESPONDENT; SRI.AMBARISH, ADVOCATE FOR LR'S OF DECEASED RESPONDENT) - 3 - HC-KAR NC: 2026:KHC:2905 CRL.RP No. 461 of 2022 THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDER OF CONVICTION AND SENTENCE AND FINE IMPOSED BY THE LEARNED XVIII ADDL.C.M.M., BENGALURU DATED 09.02.2018 IN C.C.NO.33515/2011 AND JUDGMENT DATED 15.11.2021 IN CRL.A.NO.409/2018 PASSED BY THE LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CCH-59 BY CONFIRMING THE JUDGMENT PASSED BY THE XVIII ADDL.C.M.M., BENGALURU DATED 09.02.2018 IN C.C.NO.33515/2011 AND FURTHER BE PLEASED TO ACQUIT THE PETITIONER BY ALLOWING THIS CRL.RP. THIS PETITION, COMING ON FOR FURTHER ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This Criminal revision petition is filed under Section 397 read with Section 401 of Cr.PC by the petitioners with a prayer to set aside the judgment and order of conviction and sentence dated 09.02.2018 passed in C.C.No.33515/2011 by the Court of XVIII Additional Chief Metropolitan Magistrate, Bengaluru and the judgment and order dated 15.11.2021 passed in Crl.A.No.409/2018 by the Court of LVIII Additional City Civil and Sessions Judge, Bengaluru City. - 4 - HC-KAR NC: 2026:KHC:2905 CRL.RP No. 461 of 2022 2. Learned counsel for the parties jointly submit that dispute between the parties has been amicably settled during the pendency of this petition and the parties have filed a joint memo reporting settlement. They submit that this Criminal revision petition may be dismissed in terms of the joint memo and the petitioners may be acquitted of the offence for which they have been convicted and sentenced by the Courts below. 3. Parties who are present before the Court in person are identified by their learned advocates. It is submitted that settlement between the parties is voluntary without there being any undue influence or coercion. 4. The joint memo which is filed by the parties dated 19.01.2026 is taken on record. The same is signed by the parties and also by their respective advocates. In paragraph Nos.3 to 10 of the joint memo, it is stated as follows: "3. It is respectfully submitted that during the pendency of the proceedings, the original - 5 - HC-KAR NC: 2026:KHC:2905 CRL.RP No. 461 of 2022 complainant, Mrs. Nithyavathi, unfortunately passed away She is now being duly represented by her legal representatives, namely: a. Mr. G. Sridhar and Kum. Sriranjani S (Collectively referred to as "the Respondents" or "LRs of the Complainant") 4. The Petitioner and the legal representatives of the deceased complainant (Respondents) have, out of their own volition and without any coercion or undue influence, mutually agreed to resolve and settle all disputes and claims arising out of the subject transaction, including the cause of action giving rise to the cheque in question 5. As per the terms of the amicable settlement, the Petitioners has executed the absolute sale deed of two immovable properties, bearing Site Nos. 53 measuring 1200 square feet, situated at Chadulapura Village, Nandi Hobli, Chikkaballapura Taluk and District, in favour of the Respondent No. 1(a) 1(b) and Site bearing No. 54 and 55 measuring 2400 square feet, situated at Chadulapura Village, Nandi Hobli, Chikkaballapura Taluk and District, in favour of the Brother of the deceased complainant by named Mr. Mohan Rangan on 17-1-2026, towards full and final settlement of all claims arising out of the present case and also the case pending before the Hon'ble Chief Metropolitan magistrate filed by the Mohan Rangan in C.C. No. 19228/2017. - 6 - HC-KAR NC: 2026:KHC:2905 CRL.RP No. 461 of 2022 6. The Respondents having received the aforementioned properties, hereby declare that they have no further claims, monetary or otherwise, against the Petitioners in respect of the transaction forming the subject matter of the complaint under Section 138 of the Negotiable Instruments Act. 7. The Respondents further undertake and affirm that they will not initiate or pursue any further civil or criminal proceedings, including but not limited to proceedings under Section 138 of the N.I. Act or under any other provision of law, arising out of the same transaction between the respondents and the Petitioners. 8. One Mr. Mohan Rungan in whose favour sale deed is executed with respect to the Site bearing No.55 measuring 1200 square feet, situated at Chadulapura Village, Nandi Hobli, Chikkaballapura Taluk and District, who is non other than the Brother of the deceased complainant Nityavaythi K, has agreed that the registration of site is towards the full and final settlement of his claim in C.C. No19228/2017 and further he has agreed that he will withdraw the criminal case and also has agreed that he will Co- Operate to the closure of the case pending before the hon'ble Chief Metropolitan Magistrate in C.C. No. 19228/2017 of Thilaknagar Police station. Either before the Chief Metropolitan Magistrate or Before - 7 - HC-KAR NC: 2026:KHC:2905 CRL.RP No. 461 of 2022 the Hon'ble High court of Karnataka in quashing proceedings of the criminal case in C.C. No. 19228/2017. 9. The respondents has agreed that the amount deposited by the petitioners before the Hon'ble court below at the time of preferring the appeal to the tune of Rs.6,00,000/-may be withdrawn by the petitioners and the respondent has no objection to pass orders in favour of the petitioners to withdraw the amount deposited before the Hon'ble court below. 10. Both parties unequivocally state that all mutual claims, liabilities, and disputes between them have been fully and finally resolved. There remain no pending dues or grievances between the Petitioner and the Respondents in relation to the subject matter of the present case. 5. Considering the fact that the dispute between the parties has been amicably settled and the offence for which petitioners have been convicted and sentenced by the Courts below is a compoundable offence, I am of the opinion that this Criminal revision petition is required to be disposed of in terms of the joint memo filed by the parites and the judgment and order of conviction and sentence - 8 - HC-KAR NC: 2026:KHC:2905 CRL.RP No. 461 of 2022 passed by the Courts below needs to be set aside. Accordingly, the following: ORDER i. The Criminal revision petition is allowed ii. The judgment and order of conviction and sentence dated 09.02.2018 passed in C.C.No.33515/2011 by the Court of XVIII Additional Chief Metropolitan Magistrate, Bengaluru and the judgment and order dated 15.11.2021 passed in Crl.A.No.409/2018 by the Court of LVIII Additional City Civil and Sessions Judge, Bengaluru City are set aside and the petitioners are acquitted of the offence punishable under Section 138 of the Negotiable Instrument Act, 1881. iii. The bail bonds of the petitioners, if any, stands cancelled. In terms of the joint - 9 - HC-KAR NC: 2026:KHC:2905 CRL.RP No. 461 of 2022 memo, petitioners are permitted to withdraw the amount of Rs.6,00,000/- deposited by them before the Trial Court. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 9