- 1 - HC-KAR NC: 2026:KHC:5058 CRL.RP No. 1044 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1044 OF 2022 BETWEEN: SRI S.B. ESHWARAPPA S/O GADLAPPARA BASANNA AGED ABOUT 36 YEARS POLICE CONSTABLE R/O NEAR BANDIMARAMMA TEMPLE SHIVANI VILLAGE, TARIKERE TALUK CHIKKAMAGALURU DISTRICT - 577 549. …PETITIONER (BY SRI GOPALAKRISHNAMURTHY C, ADV.) AND: SRI G.V. RAJASHEKHARAMURTHY S/O LATE G.N. VEERABHADRAPPA AGED ABOUT 57 YEARS AGRICULTURIST, R/O NEAR POST OFFICE RAILWAY STATION ROAD SHIVANI VILLAGE AND POST TARIKERE TALUK CHIKKAMAGALURU DISTRICT - 577 549. …RESPONDENT (BY SRI PRASAD B.S, ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER PASSED BY CIVIL JUDGE AND ADDL.J.M.F.C, AT TARIKERE C.C.NO.789/2016 DATED 21.09.2021 AND ALSO THE JUDGMENT AND ORDER PASSED BY PRL.JUDGE, FAMILY COURT DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU IN CRL.A.NO.31/2022 DATED 15.07.2022 AND TO ALLOW THIS PETITION FOR THE ALLEGED OFFENCE P/U/S 138 OF THE N.I ACT AND ACQUIT THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5058 CRL.RP No. 1044 of 2022 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused is before this Court in this revision petition filed under Section 397 read with 401 of Cr.PC with a prayer to set aside the judgment and order of conviction and sentence dated 21.09.2021 passed by the Court of Civil Judge & Addl. JMFC, Tarikere, in C.C.No.789/2016, and the judgment and order dated 15.07.2022 passed by the Court of Prl. Judge, Family Court, Chikkamagaluru, in Crl.A.No.31/2022. 2. Learned Counsel for the parties jointly submit that during the pendency of this petition, the dispute between the parties has been amicably settled and the respondent-complainant has agreed to receive a total sum of Rs.6,70,000/- from the petitioner towards full and final settlement of his claim under the cheque in question in the present case. They submit that a joint petition has been filed under Section 147 of N.I.Act, 1881, with a prayer to permit the parties to compound the offence for which the petitioner has been convicted in the present case. They submit that the settlement between the parties is voluntary, without there being any coercion. The joint petition - 3 - HC-KAR NC: 2026:KHC:5058 CRL.RP No. 1044 of 2022 filed by the learned advocates for the parties is taken on record. In paragraphs 1 to 3 of the joint petition, it is stated as under: "1. That the above Criminal Revision Petition arises out of the judgment and order dated:15-07-2022 passed by The Prl.Judge Family Court at Chikkamagaluru in Crl.A.No.31/2022 and the judgment and order passed by The Civil Judge and Addl. JMFC at Tarikere in C.C.No.789/2016 dated:21-09-2021, whereby the Petitioner/Accused was convicted/sentenced under Section 138 NI Act. 2. That during pendency of the present revision petition before this Hon'ble court, the parties have amicably settled the entire dispute out of court through mutual consent. The Respondent/Complainant has received full and final settlement for a sum or Rs.6,70,000/- out of which Rs.3,45,000/- (Three Lakh Forty Five Thousand Only) is already deposited before The Hon'ble Trial Court by the petitioner/accused herein and the Respondent is at liberty to withdraw the same and today petitioner is paying Rs.3,25,000/-(Three Lakh Twenty Five Thousand Only) through D.D.No681197 dated:28.01.2026 drawn in The Bank of Baroda in favour of the Respondent/Complainant herein and same is handed over to his in the open court. In return the Respondent/complainant is ready to give undertaking that he will not file any case regarding another Cheque bearing No.418448 against the petitioner. - 4 - HC-KAR NC: 2026:KHC:5058 CRL.RP No. 1044 of 2022 3. That the Respondent/Complainant has no further monetary claims or grievances against the Petitioner/Accused either present, past and even in future also and voluntarily consents to compound the offence under Section 147 of the NI Act. The Respondent has no objection to the Petitioner being acquitted." 3. Considering the settlement arrived between the parties and since the offence for which the petitioner has been convicted in the present case is a compoundable offence, I am of the opinion that this revision petition is required to be disposed of in terms of the joint petition and the impugned judgment and order of conviction and sentence passed by the courts below against the petitioner needs to be set aside. Accordingly, the following order: 4. Parties are permitted to compound the offence punishable under Section 138 of N.I.Act for which the petitioner has been convicted and sentenced by the courts below. Consequently, the revision petition is allowed and the impugned judgment and order of conviction and sentence dated 21.09.2021 passed by the Court of Civil Judge & Addl. JMFC, Tarikere, in C.C.No.789/2016, and the judgment and order dated 15.07.2022 passed by the Court of Prl. Judge, Family Court, - 5 - HC-KAR NC: 2026:KHC:5058 CRL.RP No. 1044 of 2022 Chikkamagaluru, in Crl.A.No.31/2022, are set aside. Petitioner is acquitted of the offence punishable under Section 138 of the N.I.Act. The respondent is directed to withdraw the amount of Rs.3,45,000/- deposited by the petitioner before the Trial Court in CC.No.789/2016. Sd/- (S VISHWAJITH SHETTY) JUDGE KK