- 1 - HC-KAR NC: 2026:KHC:3060 CRL.RP No. 1801 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO.1801 OF 2025 (397(Cr.PC)/438(BNSS)) BETWEEN: SRI.UMESH.B S/O LATE. BORAIAH, AGED ABOUT 42 YEARS, R/AT NO. 81, 11TH CROSS, ULLAL MAIN ROAD, JNANAGANGANAGAR, JNANABHARATHI, BENGALURU – 560 045. …PETITIONER (BY SRI. MURTHY D.L., ADVOCATE) AND: SRI. ASHITH NAG S/O NAGARAJU.M., AGED ABOUT 34 YEARS, R/AT NO.30,3RD MAIN, JNANAGANGANAGAR, OPP PVP SCHOOL, BENGALURU – 560 056. …RESPONDENT (BY SRI. RATHAN.S., ADVOCATE) THIS CRL.RP FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DTD 26.06.2024 PASSED BY THE LEARNED LXII ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH- 63) BENGALURU CITY IN CRL.A.NO.1370/2024, AT ANNEXURE-A AND ETC., Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3060 CRL.RP No. 1801 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The petitioner is before this Court in this revision petition filed under Section 397 r/w Section 401 of Cr.P.C., with a prayer to set aside the judgment and order of conviction and sentence dated 26.06.2024 passed in C.C.No.14182/2022 by the Court of XXXVI Addl. Chief Metropolitan Magistrate, Bengaluru City, and the judgment and order dated 06.09.2025 passed in Crl.A.No.1370/2024 by the Court of LXII Addl. City Civil & Sessions Judge (CCH-63), Bengaluru. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner and learned counsel for the respondent jointly submit that the dispute between the parties has been amicably settled during the pendency of this petition and the parties have filed a joint memo reporting settlement. - 3 - HC-KAR NC: 2026:KHC:3060 CRL.RP No. 1801 of 2025 4. They submit that having regard to the settlement arrived between the parties, this revision petition may be dismissed in terms of the settlement arrived between the parties and the judgment and order of sentence passed against the petitioner may be set aside. 5. The said submission is placed on record. 6. The parties who are present in person before the Court are identified by their respective learned Advocates. It is submitted that the settlement arrived between the parties is voluntary and without any undue influence or coercion. 7. The joint memo filed in the open Court dated 20.01.2026 is taken on record. The same is signed by the parties and also by their learned Advocates. 8. The joint memo filed by the parties reads as follows: “JOINT MEMO The petitioner and the respondent submit as follows: 1. It is submitted that, the respondent/complainant filed a case in - 4 - HC-KAR NC: 2026:KHC:3060 CRL.RP No. 1801 of 2025 CC No. 14182/2022, under section 138 of NI Act, for a Rs.2,50,000/- which was convicted on 26-06-2024 and sentenced to pay fine of Rs.4,00,000/- and aggrieved by the same the petitioner has filed an impugned appeal in Crl.Appl.No. 1370/2024, which was also dismissed by confirming the order dt.16-06-02024. 2. It is submitted that both the parties have compromised the above case. The petitioner has agreed to pay the amount of Rs.3,60,000/- ( Rupees Three Lakh Sixty Thousand only) to the Respondent and out of the said amount the petitioner has already paid a sum of Rs.2,80,000/- by way of cheque bearing No.020006 drawn on Union Bank, Ullal Main Road Branch, Bengaluru, dt.08-01-2026 and the said cheque was cleared to the account of the respondent and Rs.80,000/- has been deposited by the petitioner before the Hon'ble XXXVI Addl. CMM, Bengaluru City in CC.No.14182/2022 and the petitioner has no objections to withdraw the said amount by the respondent. 3. It is submitted that, the petitioner and the respondent have no objections to dispose the above matter as per the terms of the joint memo. Hence this memo. Wherefore it is prayed that this Hon'ble court be pleased to dispose - 5 - HC-KAR NC: 2026:KHC:3060 CRL.RP No. 1801 of 2025 the above petition as per the terms of joint memo in the interest of Justice.” 9. In view of the settlement arrived between the parties, this revision petition is required to be disposed of in terms of the settlement as stated by the parties in the joint memo and the judgment and order of conviction and sentence passed by the courts below needs to be set aside. 10. Accordingly, I pass the following ORDER (i) The criminal revision petition is allowed. (ii) The judgment and order of conviction and sentence dated 26.06.2024 passed in C.C.No.14182/2022 by the Court of XXXVI Addl. Chief Metropolitan Magistrate, Bengaluru City, and the judgment and order dated 06.09.2025 passed in Crl.A.No.1370/2024 by the Court of LXII Addl. City Civil & Sessions Judge (CCH-63), Bengaluru, are set aside. - 6 - HC-KAR NC: 2026:KHC:3060 CRL.RP No. 1801 of 2025 (iii) The petitioner is acquitted of the offences punishable under Section 138 of Negotiable Instrument Act. (iv) His bail bonds, if any, stands cancelled. (v) The respondent-complainant is permitted to withdraw the amount of Rs.80,000/- deposited by the petitioner before the trial Court in C.C.No.14182/2022. Sd/- (S VISHWAJITH SHETTY) JUDGE PB List No.: 1 Sl No.: 45