- 1 - HC-KAR NC: 2026:KHC:4012 CRL.RP No. 1146 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1146 OF 2025 BETWEEN: SRI SHANKAR, S/O LATE JAYARAM, AGED ABOUT 55 YEARS, R/AT NO.165, 2ND MAIN, 2ND CROSS, OPP TO CANARA BANK CHAMARAJPET, NEAR RAYAN CIRCLE, BANGALORE - 560 018. …PETITIONER (BY SRI. MUNI REDDY M N., ADVOCATE) AND: SRI JOSEPH, S/O YAGAPPA, AGED ABOUT 70 YEARS, RESIDING AT NO.174, 2ND MAIN, 2ND CROSS, CHAMARAJPETE, BANGALORE - 560 018. …RESPONDENT (BY SRI.B.V.MANJUNATHA GOWDA, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION.397 R/W 401(FILED U/S.438 R/W SEC.442 BNSS) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 02.05.2025, PASSED BY THE HONBLE LII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-53) AND ALSO TO SET ASIDE THE JUDGMENT DATED 13.02.2024 PASSED BY THE Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4012 CRL.RP No. 1146 of 2025 SMALL CAUSES JUDGE AND ADDL CMM, BENGALURU VIDE ANNEXURE A AND B AND TO ACQUIT THE PETITIONER FOR THE ALLEGED OFFENCE WHICH ARE P/SU/ 138 OF NI ACT AGAINST HIM. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This Criminal revision petition under Section 397 read with Section 401 of Cr.PC is filed with a prayer to set aside the judgment and order of conviction and sentence passed by the Court of Small Causes and ACMM, Bengaluru, in C.C.No.3612/2022 dated 13.02.2024, which is confirmed in Crl.A.No.428/2024 by the Court of LII Additional City Civil and Sessions Judge, Bangalore vide order dated 02.05.2025. 2. Learned counsel for the petitioner and learned counsel for the respondent jointly submit that dispute between the parties has been amicably settled and the respondent/complainant has agreed to receive a sum of Rs.2,40,000/- (Rupees Two Lakhs Forthy Thousand only) - 3 - HC-KAR NC: 2026:KHC:4012 CRL.RP No. 1146 of 2025 from the petitioner towards full and final settlement of the amount covered under the cheque-in-question. 3. They submit that parties have filed an application under Section 147 of Negotiable Instruments Act, 1881, (in short 'N.I.Act') with a prayer to permit the parties to compound the offence for which petitioner has been convicted. Accordingly, they pray to dispose of the petition in terms of this application. 4. The said submission is placed on record. 5. Parties who are present before the Court in person are identified by their learned advocates. Application filed under Section 147 of the N.I.Act is taken on record. The same is signed by the parties as well as by their learned advocates. In paragraph Nos.2 to 4 of the application, it is stated as follows: "2. The respondent in the above case appear before this Hon'ble Court through his Advocate, it is the case that, the petitioner was directed to pay an amount of Rs.2,75,000/- in the in Criminal Appeal - 4 - HC-KAR NC: 2026:KHC:4012 CRL.RP No. 1146 of 2025 No.428/2024 judgment dated 02.05.2025. The petitioner has deposited an amount of Rs.50,000/- before the trail court, and as per the orders of this Hon'ble Court, the petitioner has deposited another amount of Rs.50,000/- before the trail court totally an amount of Rs. 1,00,000/- has been deposited out of fine amount Rs. 2,75,000/-. 3. The petitioner submits that, with the intervention of the well-wishers, friends and advocates, the matter was referred to Lok Adalath. The petitioner submits that the mediation between the parties has been successful and the petitioner had agreed to pay an amount of Rs.2,40,000/- as full and final settlement and the respondent in the above petition has agreed for the same. 4. The petitioner is before this Hon'ble Court today and has paid an, amount of Rs.1,40,000/- by the way of CASH to the respondent, before this Hon'ble Court as full and final settlement. The petitioner has no objections for the respondent to withdraw the amount deposited by the petitioner before the trail court and respondent will have no claims from the petitioner whatsoever in future. 6. The respondent/complainant and his advocate have acknowledged the receipt of Rs.1,40,000/- (Rupees - 5 - HC-KAR NC: 2026:KHC:4012 CRL.RP No. 1146 of 2025 One Lakh Forty Thousand only) from the petitioner in terms of the application filed under Section 147 of the N.I.Act. In view of the aforesaid, I am of the opinion that the Criminal revision petition is required to be disposed of in terms of the application and the judgment and order of conviction and sentence passed by the Courts below needs to be set aside. Accordingly, the following: ORDER i. The Criminal revision petition is allowed. ii. Application filed by the parties under Section 147 of the N.I.Act is allowed and the parties are permitted to compound the offence punishable under Section 138 of the N.I.Act, for which the petitioner has been convicted and sentenced by the Courts below. iii. Consequently, the judgment and order of conviction and sentence passed against the petitioner by the Court of Small Causes and - 6 - HC-KAR NC: 2026:KHC:4012 CRL.RP No. 1146 of 2025 ACMM, Bengaluru, in C.C.No.3612/2022 dated 13.02.2024, which is confirmed in Crl.A.No.428/2024 by the Court of LII Additional City Civil and Sessions Judge, Bangalore vide order dated 02.05.2025 are set aside and the petitioner is acquitted of the offence punishable under Section 138 of the N.I.Act. His bail bonds if any stands cancelled. iv. The respondent/complainant is permitted to withdraw the amount of Rs.1,00,000/- deposited by the petitioner before the Trial Court in C.C.No.3612/2022 in terms of the application filed by the parties under Section 147 of the N.I.Act. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 17