- 1 - HC-KAR NC: 2026:KHC:5222 CRL.RP No. 1469 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1469 OF 2023 BETWEEN: RASHEED, S/O MOHAMMED, AGED ABOUT 40 YEARS, M/S A M TRADERS, T M ROAD, KOPPA, CHIKKAMAGALURU DISTRICT - 577 126. …PETITIONER (BY SRI. MAHESH C M, ADVOCATE) AND: A R PRASANNA, S/O RAMAPPA GOWDA, AGED ABOUT 43 YEARS, COFFEE TRADER, PRAKASH CIRCLE, BALEHONNUR POST, N R PURA TALUK - 577 112. …RESPONDENT (BY SRI. SHAMANNA B H, ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CR.P.C PRAYING TO 1) SET ASIDE THE JUDGMENT DATED 20.09.2023 PASSED BY THE HONBLE FAMILY COURT AT CHIKKAMAGALURU IN CRL.A.NO.171/2022) SET ASIDE THE JUDGMENT AND CONVICTION JUDGMENT DATED 13.06.2022 Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5222 CRL.RP No. 1469 of 2023 PASSED IN C.C.NO.244/2019 (C.C.NO.708/2018) BY THE SENIOR CIVIL JUDGE AND J.M.F.C AT N.R.PURA. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused is before this Court in this Criminal 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 passed in C.C.No.244/2019 (old C.C.No.708/2018) by the Court of Senior Civil Judge and JMFC, N.R.Pura, dated 13.06.2022 and the judgment and order passed in Crl.A.No.171/2022 by the Court of Family Court, Chikkamagaluru, dated 20.09.2023. 2. Learned counsel for the parties jointly submit that dispute between the parties has been amicably settled before the Trial Court in C.C.No.708/2018 and a compromise memo was filed before the Trial Court on 06.01.2026. They submit that respondent/complainant has agreed to receive a sum of Rs.12,00,000/- (Rupees Twelve - 3 - HC-KAR NC: 2026:KHC:5222 CRL.RP No. 1469 of 2023 Lakhs only) from the petitioner towards full and final settlement of the amount covered under the cheque-in question and out of the aforesaid amount, the petitioner has already paid a sum of Rs.4,00,000/- (Rupees Fourt Lakhs only) to the respondent/complainant and towards payment of the balance amount of Rs.8,00,000/- (Rupees Eight Lakhs only) a post dated cheque, bearing cheque No.043481 drawn on State Bank of India, Koppa Branch, Chikkamagaluru District dated 04.04.2026 has been issued by the brother of the petitioner in favour of the respondent herein. 3. Learned counsel for the respondent/complainant submits that this Criminal revision petition may be disposed of, recording the settlement arrived between the parties with liberty to the respondent/complainant to file necessary application to renew this order, in the event the aforesaid post dated cheque is dishonored by the drawee bank. - 4 - HC-KAR NC: 2026:KHC:5222 CRL.RP No. 1469 of 2023 4. The said submission placed on record. 5. Learned counsel for the parties have also filed a memo reporting settlement dated 30.01.2026. The said memo is taken on record. The same reads as follows: "1. The above revision petition is filed challenging the judgment dtd.20.09.2023 passed by the Hon'ble Family Court At Chikkamagaluru in Criminal Appeal No.171/2022 thereby Dismissing and confirming the judgment dtd.13.06.2022 passed in C.C.No.244/2019 (CC No 708/2018) by the Senior Civil Judge And JMFC At N R Pura. 2. In the above matter, the issue was settled before the trail court between the parties herein, the claim from the respondent has been paid by the petitioner to the respondent as per the agreement entered between parties before the lower court, the same was acknowledged by the respondent. The petitioner and respondent seek leave of this Hon'ble Court to permit them to close the above case in view of the settlement between the parties. Hence Memo may be taken on record and seeks leave of this Hon'ble court to set aside the conviction order, in the interest of justice and equity." - 5 - HC-KAR NC: 2026:KHC:5222 CRL.RP No. 1469 of 2023 6. The copy of the compromise memo dated 06.01.2026 filed before the Trial Court has been forwarded to this Court by the Trial Court which is also available on record. 7. In view of the aforesaid aspects of the matter, this Criminal revision petition is required to be disposed of, recording the terms of the settlement between the parties and the judgment and order of conviction and sentence passed against the petitioner needs to be set aside. Accordingly, the following: ORDER i. This Criminal revision petition is allowed. ii. The Judgment and order of conviction and sentence passed in in C.C.No.244/2019 (old C.C.No.708/2018) by the Court of Senior Civil Judge and JMFC, N.R.Pura, dated 13.06.2022 and the judgment and order passed in Crl.A.No.171/2022 by the Court of Family - 6 - HC-KAR NC: 2026:KHC:5222 CRL.RP No. 1469 of 2023 Court, Chikkamagaluru, dated 20.09.2023 are set aside and the petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. iii. Liberty is reserved to the respondent / complainant to recall this order, in the event the aforesaid post dated cheque issued in his favour is dishonoured by the drawee bank. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 42