- 1 - HC-KAR NC: 2026:KHC:3780 CRL.RP No. 962 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 962 OF 2017 BETWEEN: SRI C.R. KRISHNAMURTHY S/O RANGAPPA TIMBER COMMISSION AGENT R/O PLEGINAMMA BEEDI VIJAYAPURA EXTENSION CHIKMAGALURU - 577 130. …PETITIONER (BY SRI M.S. NAGARAJA, ADV.) AND: SRI G. SURENDRA SHETTY S/O SEENA SHETTY SAW MIL OWNER AND TIMBER MERCHANT R/O "SOWRABHA" CHRISTIAN COLONY CHIKAMAGALURU - 577 130. …RESPONDENT (BY SRI SACHIN B.S., ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 03.05.2017 PASSED BY THE II ADDITIONAL SESSIONS JUDGE, CHIKKAMAGALURU IN CRL.A.NO.09/2016 AND THE JUDGMENT OF CONVICTION DATED 10.12.2015 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND J.M.F.C., CHIKKAMAGALURU IN C.C.NO.1110/2012 AND CONSEQUENTLY ACQUIT THE PETITIONER FOR ALLEGED OFFENCE P/U/S 138 OF N.I. ACT. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3780 CRL.RP No. 962 of 2017 ORAL ORDER 1. Petitioner is before this Court in this revision petition filed under Section 397 read with Section 401 of Cr.PC with a prayer to set aside the judgment and order of conviction and sentence dated 10.12.2015 passed in CC.No.1110/2012 by the Court of III Addl. Civil Judge & JMFC, Chikkamagaluru, and the judgment and order dated 03.05.2017 passed in Crl.A.No.9/2016 by the Court of II Addl. Sessions Judge, Chikkamagaluru. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the parties jointly submit that the dispute between the parties has been amicably settled, and the respondent-complainant has agreed to receive a sum of Rs.1,00,000/- toward full and final settlement of the claim from the petitioner and in furtherance of the same, the petitioner has already paid the amount of Rs.1,00,000/- to the respondent, the receipt of which is duly acknowledged by the respondent. - 3 - HC-KAR NC: 2026:KHC:3780 CRL.RP No. 962 of 2017 4. The joint memo dated 22.01.2026 filed by the parties is taken on record. In paragraphs 1 to 3 of the said joint memo, it is stated as under: "1. Petitioner is the accused and respondent is the complainant in the present case. The petition pertains to Negotiable Instruments Act. 2. It is submitted that the cheque amount is Rs.2,75,000/-. The petitioner and the respondent have agreed to settle the case and the settlement amount is Rs.1,00,000/-. The respondent/complainant has received Rs.1,00,000/- from the petitioner/accused. 3. The petitioner and the respondent have no claim against each other. Rs.1,00,000/- is the full settlement amount." 5. Considering the fact that the dispute between the parties has been settled and the offence for which the petitioner has been convicted by the courts below is a compoundable offence, I am of the opinion that this revision petition is required to be disposed of in terms of the settlement arrived between the parties as aforesaid and the impugned judgment and order of conviction and sentence passed by the courts below are required to be set aside. Accordingly, the following order: - 4 - HC-KAR NC: 2026:KHC:3780 CRL.RP No. 962 of 2017 6. This criminal revision petition is allowed. The impugned judgment and order of conviction and sentence dated 10.12.2015 passed in CC.No.1110/2012 by the Court of III Addl. Civil Judge & JMFC, Chikkamagaluru, and the judgment and order dated 03.05.2017 passed in Crl.A.No.9/2016 by the Court of II Addl. Sessions Judge, Chikkamagaluru, are set aside. Petitioner is acquitted of the offence punishable under Section 138 of N.I.Act. Bail bonds, if any, stands cancelled. Sd/- (S VISHWAJITH SHETTY) JUDGE KK List No.: 1 Sl No.: 61