- 1 - HC-KAR NC: 2026:KHC:2648 CRL.RP No. 1339 of 2018 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. 1339 OF 2018 BETWEEN: SMT. T. SANDHYA W/O K MANJUNATHA R/AT NO.37/2 VIJAYKUMAR BUILDING SUBBAMMA COMPOUND CHANDAPURA ANEKAL TALUK BENGALURU - 560 056. …PETITIONER (BY SRI. MURTHY K.,ADVOCATE) AND: SRI S RANGASWAMY S/O SEENAPPA AGED ABOUT 42 YEARS R/AT NO.419 9TH E MAIN ROAD VIJAYANAGAR BANGALORE - 560 040. …RESPONDENT (BY SRI. R G HEGDE., ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH 401 CR.P.C PRAYING TO SET ASIDE THE ORDER IN SO FAR AS REDUCING THE FINE AMOUNT FROM RS.1,50,000/- TO RS.77,000/- PASSED BY THE LX ADDITIONAL CITY CIVIL AND SESSION JUDGE, BANGALORE (CCH-61) VIDE ITS JUDGMENT DATED 15.11.2018 IN CRL.APPEAL NO.733/2016 AND CONFIRM THE ORDER/JUDGMENT IN C.C.NO.23937/2012 DATED 24.05.2016 PASSED BY THE XXII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2648 CRL.RP No. 1339 of 2018 THIS PETITION, COMING ON FOR FINAL DISPOSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This Criminal Revision Petition under Section 397 read with Section 401 of Cr.P.C. is filed by the complainant with a prayer to set-aside the judgment and order dated 15.11.2018 passed in Crl.A.No.733/2016 by the Court of LX Addl. City Civil and Sessions Judge, Bengaluru and confirm the judgment and order dated 24.05.2016 passed in CC No.23937/2012 by the Court of XXII Addl. Chief Metropolitan Magistrate, Bengaluru. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner and learned counsel for the respondent submit that dispute between the parties has been settled and respondent/accused has paid a further sum of Rs.25,000/- to the petitioner vide Demand Draft dated 19.01.2026 drawn on Karnataka Bank Ltd., City Civil Court, Bengaluru, bearing No.611143. 4. Learned counsel for the petitioner has acknowledged receipt of the aforesaid Demand Draft from the respondent - 3 - HC-KAR NC: 2026:KHC:2648 CRL.RP No. 1339 of 2018 towards full and final settlement of the dispute between the parties. 5. Respondent herein was convicted by the Trial Court in CC No.23937/2012 and sentenced to pay fine of Rs.2,000/- and in default, to undergo simple imprisonment for a period of two months. The Trial Court had further awarded compensation of Rs.1,50,000/- to be paid to the petitioner/complainant by the respondent/accused and in default of payment of compensation, accused was directed to undergo simple imprisonment for a period of one year. 6. The said judgment and order of conviction and sentence was challenged by the respondent in Crl.A.No.733/2016 which was partly allowed by the Court of LX Addl. City Civil and Sessions Judge, Bengaluru, by judgment and order dated 15.11.2018 and the sentence imposed by the Trial Court in CC No.23937/2012 was modified and the respondent/accused was sentenced to pay fine of Rs.77,000/- and in default, to undergo simple imprisonment for a period of two months. - 4 - HC-KAR NC: 2026:KHC:2648 CRL.RP No. 1339 of 2018 7. In furtherance of the submissions made, joint petition dated 19.01.2026 is filed by the learned Counsels appearing for the petitioner and the respondent herein, which is also signed by the respondent, reporting the settlement arrived between the parties. The said joint petition filed under Section 147 of the Negotiable Instruments Act, 1881, is taken on record. In paragraph Nos.4 and 5 of the said joint memo, it is stated as follows:- "4. The respondent-accused has deposited a sum of rupees 2,000/- before the Court of CMM Bengaluru on 06-08-2017 being the amount to be appropriated to the Government. The respondent- accused deposited a sum of rupees 22,500/- before the Court of CMM Bengaluru on 06-08- 2017. The respondent-accused deposited a sum rupees 52,500/- before the Court of CMM Bengaluru on 14-08-2019. 5. Now on the intervention of well wishers both the parties have amicably settled the matter. The respondent-accused has paid a sum of rupees 25,000/- to the petitioner-complainant. In view of the payment made by the respondent-accused stated above, the petitioner-complainant is hereby satisfied and expressed his wish to withdraw the complaint. In terms of the settlement, the conviction order may kindly be - 5 - HC-KAR NC: 2026:KHC:2648 CRL.RP No. 1339 of 2018 set-aside and the petitioner-complainant may kindly be permitted to withdraw the complaint. The petitioner-complainant may be permitted to withdraw the amount deposited before CMM Court, Bengaluru in CC 23937 of 2012. Accordingly, the petitioner and respondent be permitted to compound the offence punishable under Section 138 of N.I.Act in the interest of justice." 8. In view of the settlement arrived between the parties, I am of the opinion that this criminal revision petition is required to be disposed off in terms of the joint petition and the impugned judgment and order of conviction and sentence passed by both the Courts need to be set-aside. Accordingly, the following order:- 9. The criminal revision petition is allowed. The judgment and order of conviction and sentence passed by the Court of XXII Addl. Chief Metropolitan Magistrate, Bengaluru, in CC No.23937/2012 dated 24.05.2016 and the judgment and order dated 15.11.2018 passed in Crl.A.No.733/2016 by the Court of LX Addl. City Civil and Sessions Judge, Bengaluru, are set-aside - 6 - HC-KAR NC: 2026:KHC:2648 CRL.RP No. 1339 of 2018 and the petitioner is acquitted of the offence punishable under Section 138 of the N. I. Act. 10. The amount of Rs.77,000/- deposited by the respondent/accused before the Trial Court in CC No.23937/2012 is permitted to be withdrawn by the complainant. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 52