- 1 - HC-KAR NC: 2026:KHC:6589 CRL.RP No. 714 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 714 OF 2020 BETWEEN: SRI B.R. NAGARAJAIAH S/O D. RAMAIAH AGED ABOUT 52 YEARS DRIVER, KSIIDC LIMITED KHANIJA BHAVAN NO.49, 4TH FLOOR EAST WING, R.C. ROAD BENGALURU - 560 001. …PETITIONER (BY SRI RAAGINI, ADV., FOR SRI RAJASHEKAR S, ADV.) AND: SRI R. RANGANARASIMHAIAH S/O LATE RANGAIAH AGED ABOUT 54 YEARS R/A NO.S-256, 4TH CROSS 13TH MAIN ROAD BHARTH NAGAR II STAGE BENGALURU - 91. …RESPONDENT (BY SRI K.N. DAYALU, ADV.) THIS CRL.RP IS FILED U/S.397 R/W SEC.401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 15.10.2020 PASSED IN CRL.A.NO.1616/2017 ON THE FILE OF THE LXIV ADDITIONAL CITY CIVIL AND SESSION JUDGE AT BENGALURU, DISMISSING THE CRL.A FILED BY THE REVISION PETITIONER (APPELLANT IN THE TRIAL COURT) AND CONFIRMING THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 24.10.2017 PASSED IN Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6589 CRL.RP No. 714 of 2020 C.C.NO.23146/2015 ON THE FILE OF THE XXIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE NRUPATHUNGA ROAD, BENGALURU CITY. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused is before this Court in this criminal revision petition filed under Sections 397 read with 401 of Cr.PC with a prayer to set aside the judgment and order of conviction and sentence dated 24.10.2017 passed in CC.No.23146/2015 by the Court of XXIII Addl. Chief Metropolitan Magistrate, Bengaluru, and the judgment and order dated 15.10.2020 passed by the Court of LXIV Addl. City Civil & Sessions Judge, Bengaluru City, in Crl.A.No.1616/2017. 2. Learned Counsel for the petitioner and the learned Counsel for the respondent jointly submit that the dispute between the parties has been amicably settled and the parties have filed a joint memo before this Court. They submit that the respondent-complainant has agreed to receive a total sum of Rs.2,50,000/- from the petitioner towards full and final - 3 - HC-KAR NC: 2026:KHC:6589 CRL.RP No. 714 of 2020 settlement of the amount covered under the cheque in question in CC.No.23146/2015. They also submit that petitioner has also deposited a sum of Rs.2,80,000/- before the Trial Court in the present case and out of the said amount, Rs.2,50,000/- may be ordered to be withdrawn by the respondent-complainant, and the balance of Rs.30,000/- may be permitted to be withdrawn by the petitioner. 3. The parties who are present before the Court in person are identified by their learned Counsel. The joint memo which is filed today is signed by the parties and their respective counsel. In paragraphs 2 & 3 of the joint memo, it is stated as under: "2. It is submitted that during the pendency of the instant petition, the parties have decided to amicably settle the dispute by filing this joint memo before the Hon'ble Court. In view of the amicable settlement of the dispute between the parties, the petitioner has agreed to pay a total sum of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand only) to the respondent towards full and final settlement of the dispute between the parties and no further claim can be made by the respondent regarding this dispute. 3. The petitioner has no objection to the respondent to withdraw the amount deposited by him before the trial court. Excess amount other than - 4 - HC-KAR NC: 2026:KHC:6589 CRL.RP No. 714 of 2020 Rs.2,50,000/- stated supra agreed to be paid to the Respondent if any deposited by the petitioner shall be returned/refunded to the petitioner upon identification." 4. Considering the aforesaid aspects of the matter, I am of the opinion that this criminal revision petition is required to be disposed of in terms of the settlement between the parties and the impugned judgment and order of conviction passed by the courts below is required to be set aside. Accordingly, the following order: 5. Criminal revision petition is allowed. The impugned judgment and order of conviction and sentence dated 24.10.2017 passed in CC.No.23146/2015 by the Court of XXIII Addl. Chief Metropolitan Magistrate, Bengaluru, and the judgment and order dated 15.10.2010 passed by the Court of LXIV Addl. City Civil & Sessions Judge, Bengaluru City, in Crl.A.No.1616/2017, are set aside. The petitioner is acquitted of the offence punishable under Section 138 of the N.I.Act. Out of Rs.2,80,000/- said to have been deposited by the Trial Court in CC.No.23146/2015, respondent-complainant is permitted to withdraw the amount of Rs.2,50,000/- and the balance amount - 5 - HC-KAR NC: 2026:KHC:6589 CRL.RP No. 714 of 2020 of Rs.30,000/- shall be refunded to the petitioner. Bail bonds, if any, stands cancelled. Sd/- (S VISHWAJITH SHETTY) JUDGE KK