- 1 - HC-KAR NC: 2026:KHC:592 CRL.RP No. 851 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 851 OF 2017 BETWEEN: H.M. SHIVASWAMY S/O LATE K. MADAIAH AGED ABOUT 51 YEARS TEACHER, GOVT. HIGHER PRIMARY SCHOOL, SUGAR TOWN R/O MANDYA, PIN - 571 401. …PETITIONER (BY SRI VIDYASAGAR H.V, ADV., FOR SRI KEMPARAJU, ADV.) AND: D. KRISHANA S/O DODATHIMMAIAH AGED ABOUT 50 YEARS R/AT BALLENAHALLI VILLAGE NOW /AT EWS 38, 1ST STAGE KUVEMPUNAGARA, MANDYA PIN - 571 401. …RESPONDENT (BY SRI RAJA L, ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 29.12.2015 IN C.C.NO.512/2013 PASSED BY THE J.M.F.C., MANDYA AND CONFIRMED BY THE II ADDL. DIST. AND S.J., MANDYA IN CRL.A.NO.6/2016 DATED 30.06.2017 AND ACQUIT THE PETITIONER. THIS PETITION, COMING ON FOR FINAL HEARING, 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:592 CRL.RP No. 851 of 2017 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 accused with a prayer to set-aside the judgment and order of conviction and sentence passed by the Court of Judicial Magistrate First Class, Mandya, in CC No.512/2013 dated 29.12.2015 and the judgment and order dated 30.06.2017 passed in Crl.A.No.6/2016 by the Court of II Addl. District and Sessions Judge, Mandya. 2. Learned counsel for the petitioner and learned counsel for the respondent jointly submit that dispute between the parties has been amicably settled at the intervention of the well wishers and elders of both the parties. Petitioner is bed ridden and therefore, on his behalf, his sister has appeared in-person before the Court. They submit that settlement between the parties is voluntary without therebeing any undue influence or coercion. The complainant, who is present before the Court submits that he has filed his affidavit in support of the prayer made in the application filed by the parties seeking permission - 3 - HC-KAR NC: 2026:KHC:592 CRL.RP No. 851 of 2017 of this Court to compound the offence for which the petitioner has been convicted and sentenced by the Trial Courts. 3. The parties, who are present before the Court are identified by their respective Advocates. The application filed under Section 147 of the Negotiable Instruments Act, 1881 read with Section 320 of Cr.P.C. is taken on record. The said application is supported by the affidavit of the respondent/complainant, who is present in-person before the Court. 4. In paragraph Nos.3 to 8 of his affidavit, it is stated as follows:- "3. During the pendency of the present Criminal Revision Petition, with the intervention of elders and well-wishers, the dispute between me and the petitioner/accused has been amicably settled out of court. 4. As per the terms of settlement, the petitioner/accused has agreed to pay a sum of Rs. 2,90,000/- (Rupees Two Lakh Ninty Thousand only) towards full and final settlement of all my claims arising out of the cheque in question and the connected criminal proceedings, in which 1,20,000/- - 4 - HC-KAR NC: 2026:KHC:592 CRL.RP No. 851 of 2017 is deposited before the trial court & balance 1,70,000/- is paid in cash today. 5. I hereby state that I have no objection for compounding of the offence punishable under Section 138 of the Negotiable Instruments Act under Section 147 of the said Act. 6. I further state that I have no objection for allowing the Criminal Revision Petition, for setting aside the judgment and order dated 29.12.2015 passed by the learned J.M.F.C., Mandya in C.C.No.512/2013, as confirmed by the judgment dated 30.06.2017 passed by the learned II addl. District & Sessions Judge, Mandya in Crl.A. No.6/2016, and for acquittal of the petitioner/accused. 7. State that I am giving my consent for compounding voluntarily, without any force, coercion, pressure or undue influence from any quarter. 8. I undertake that upon recording of the compromised and compounding of the offence, I shall not make any further claims against the petitioner/accused in respect of the subject matter of the cheque and the present proceedings." - 5 - HC-KAR NC: 2026:KHC:592 CRL.RP No. 851 of 2017 5. Petitioner has been convicted in the present case for the offence punishable under Section 138 of the N.I. Act. The alleged offence is compoundable in nature. Having regard to the settlement arrived between the parties, I am of the opinion that the prayer made by the parties in the application filed by them seeking permission of this Court to compound the offence for which petitioner has been convicted and sentenced by the Trial Courts needs to be granted. Accordingly, the following order:- 6. IA No.1/2026 filed by the parties under Section 147 of the NI Act read with Section 320 of Cr.P.C. seeking permission of this Court to permit them to compound the offence for which petitioner has been convicted and sentenced by the Trial Courts, is allowed. Consequently, the criminal revision petition is allowed and the judgment and order of conviction and sentence passed by the Court of Judicial Magistrate First Class, Mandya, in CC No.512/2013 dated 29.12.2015 and the judgment and order dated 30.06.2017 passed in Crl.A.No.6/2016 by the Court of II Addl. District and Sessions Judge, Mandya, are set-aside. The petitioner is acquitted of the - 6 - HC-KAR NC: 2026:KHC:592 CRL.RP No. 851 of 2017 offence punishable under Section 138 of the N. I. Act. and his bail bonds, if any, stands cancelled. 7. The respondent/complainant is permitted to withdraw the amount of Rs.1,20,000/- which is said to have been deposited by the petitioner before the Trial Court. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 79