- 1 - HC-KAR NC: 2026:KHC:1379 CRL.RP No. 732 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 732 OF 2022 BETWEEN: 1. M/S SARVANA ALLOY STEELS P. LTD HAVING ITS REGISTERED OFFICE AT NO.21/D, INDUSTRIAL SUBURB II STAGE, TUMKUR ROAD YESHWANTHPUR, BANGALORE - 560 022 REP. BY DIRECTOR NAGARAJ SARAVANA. 2. NAGARAJI SARAVANA AGED ABOUT 48 YEARS. 3. SASHI KUAMR NAGARAJI AGED ABOUT 43 YEARS. 4. SANJAY KUMAR NAGARAJI AGED ABOUT 40 YEARS. 5. SWAMINATHAN NAGARAJI AGED ABOUT 74 YEARS. NO.2 TO 5 ARE DIRECTOR OF THE 1ST PETITIONERS COMPANY R/AT NO.680, 9TH A CROSS 11STAGE, WEST OF CHORD ROAD BENGALURU - 560 086. …PETITIONERS (BY SRI SEERAJ SAMPATH, ADV.) AND: M/S XINDIA STEELS LIMITED "THE ESTATE , 10TH FLOOR NO.121, DIKENSON ROAD BENGALURU - 560 042 REPRESENTED BY ITS AUTHORIZED Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1379 CRL.RP No. 732 of 2022 REPRESENTATIVE SHRI VIKAS KULKARNI. …RESPONDENT (BY SRI ANJAN DEV N, ADV., V/O DTD: 28.10.2025) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 18TH MAY 2021, PASSED BY THE LEARNED LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-65), BENGALURU CITY, IN CRIMINAL APPEAL NO. 332/2018 AND ALSO THE JUDGMENT AND ORDER DATED 08.02.2018 PASSED IN C.C. NO. 31570/2014 BY THE LEARNED XXIV ADDITIONAL SMALL CAUSES JUDGE AND XXII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE (SCCH-26) BENGALURU CITY BY ALLOWING THIS CRIMINAL REVISION PETITION. THIS PETITION, COMING ON FOR ORDERS, 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 accused with a prayer to set-aside the judgment and order of conviction and sentence passed in CC No.31570/2014 by the Court of XXIV Addl. Small Causes Judge and XXII ACMM (SCCH-26), Bengaluru dated 08.02.2018 and the judgment and order dated 18.05.2021 passed in Crl.A.No.332/2018 by the Court of LXIV Addl. City Civil and Sessions Judge (CCH-65), Bengaluru. 2. Learned counsel for the petitioners and learned counsel for the respondent jointly submit that the parties have settled - 3 - HC-KAR NC: 2026:KHC:1379 CRL.RP No. 732 of 2022 their dispute before the Mediation Centre at Bengaluru and the settlement terms have been reduced to writing under a Memorandum of Settlement. They submit that revision petition may be disposed off taking into consideration the settlement arrived between the parties and the impugned judgment and order of conviction and sentence may be set-aside. 3. The submission made on behalf of the parties and the Memorandum of Settlement executed by the parties before the Mediation Centre at Bengaluru are taken on record. 4. The Memorandum of Settlement is signed by the parties and by their respective Advocates. The parties, who are present before the Court have been identified by their respective Advocates. In paragraph No.III of the Memorandum of Settlement executed between the parties before the Mediation Centre at Bengaluru on 10.12.2025, it is stated as follows:- "III. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, the Petitioners/Accused are represented by its Finance Manager Mr. Kubendiran.P.M and the Respondent/Complainant represented by its authorized Mr. Ravindra Desai and their respective - 4 - HC-KAR NC: 2026:KHC:1379 CRL.RP No. 732 of 2022 advocates were present to resolve their disputes and they have agreed the following terms and conditions: 1. Both the parties state that out of the compensation of Rs.82,05,000/- (Rupees Eighty Two Lakhs Five Thousand Only) the petitioners/accused has agreed to pay a sum of Rs.81,61,447/- (Rupees Eighty One Lakhs Sixty One Thousand Four Hundred Forty Seven Only) to the Respondent/Complainant as full and final settlement of all the claims of the Respondent/Complainant. Out of the agreed amount the Petitioners/Accused has already paid a sum of Rs. 5,00,000/- (Rupees Five Lakhs Only) to the Respondent/Complainant on 15.03.2014 and a sum of Rs. 20,00,000/- (Rupees Twenty Lakhs Only) on 12.01.2024 and the receipt of the same was acknowledged by the Respondent/Complainant. The remaining balance amount of Rs. 56,61,447/- (Rupees Fifty Six Lakhs Sixty One Thousand Four Hundred Forty Seven Only) in the following manner: a) The Respondent/Complainant is entitled to withdraw a sum of Rs. 8,20,000/- (Rupees Eight Lakhs Twenty Thousand Only) which was deposited by the Petitioners/Accused before the Hon'ble XXII Additional Chief Metropolitan Magistrate (SCCH-26) in C.C.No.31570/2014, for which the Petitioners/Accused has no objection. b) A sum Rs.45,00,000/- (Rupees Forty Five Lakhs Only) will be paid by the Petitioners/Accused to the - 5 - HC-KAR NC: 2026:KHC:1379 CRL.RP No. 732 of 2022 Respondent/Complainant by way of three demand drafts as mentioned below: • A demand draft bearing No.001677 dated 08.12.2025 drawn on Axis Bank, Dr. Modi Hospital, Bengaluru for a sum of Rs.30,00,000/- (Rupees Thirty Lakhs Only) • A demand draft bearing No.001678 dated 08.12.2025 drawn on Axis Bank, Dr. Modi Hospital, Bengaluru for a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) • A demand draft bearing No.001679 dated 08.12.2025 drawn on Axis Bank, Dr. Modi Hospital, Bengaluru for a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) • The balance amount of Rs.3,41,447/- (Rupees Three Lakhs Forty One Thousand Four Hundred Forty Seven Only) will be paid by to the Petitioners/Accused to the Respondent/Complainant by way of demand draft bearing No.001684 dated 10.12.2025 drawn on Axis Bank, Dr. Modi Hospital, Bengaluru. The aforesaid demand drafts will be handed over to the Respondent/Complainant at the time of reporting settlement before the Hon'ble Court. The Respondent/Complainant has agreed to receive the agreed amount as mentioned above…" - 6 - HC-KAR NC: 2026:KHC:1379 CRL.RP No. 732 of 2022 5. Mr. Ravindra Desai, who is the authorized representative of the respondent/complainant, is present before the Court and has acknowledged receipt of Demand Draft from the petitioners for a total sum of Rs.48,41,447/-. 6. In view of the settlement arrived between the parties, this revision petition is required to be disposed off in terms of the settlement and consequently, the impugned judgment and order of conviction and sentence passed by the Courts below needs to be set-aside. Accordingly, the following order:- 7. The Criminal Revision Petition is allowed. The judgment and order of conviction and sentence passed in CC No.31570/2014 by the Court of XXIV Addl. Small Causes Judge and XXII ACMM (SCCH-26), Bengaluru dated 08.02.2018 and the judgment and order dated 18.05.2021 passed in Crl.A.No.332/2018 by the Court of LXIV Addl. City Civil and Sessions Judge (CCH-65), Bengaluru are set-aside and the petitioners are acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Bail bonds, if any, executed by petitioners, stand cancelled. - 7 - HC-KAR NC: 2026:KHC:1379 CRL.RP No. 732 of 2022 8. Respondent/complainant is at liberty to withdraw the amount of Rs.8,20,000/- deposited by the petitioners before the Trial Court in CC No.31570 of 2014. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 17