- 1 - HC-KAR NC: 2026:KHC:8022 CRL.RP No. 628 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 628 OF 2018 BETWEEN: MURTHY B C/O MAHADEVAPPA R/AT NO.6,4TH MAIN ROAD SHAKAMBARI NAGAR BANASHANKARI 2ND STAGE KANAKAPURA ROAD BENGALURU - 560 078. …PETITIONER (BY SRI SOMASHEKHARA HARVI, ADV.) AND: H. GOVINDHAIAH S/O HANUMANTHAIAH R/AT NO.13,BYRAPPA LAYOUT RMV 2ND STAGE NAGASHETTYHALLI BENGALURU - 560 062. …RESPONDENT (BY SRI A.V. RAMAKRISHNA, ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION PASSED BY THE LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU DATED 20.04.2018 IN CRL.A.NO.761/2016 BY CONFIRMING THE JUDGMENT OF CONVICTION OF TRIAL COURT DATED 01.06.2016 PASSED BY THE XIX ADDL.C.M.M., BENGALURU IN C.C.NO.18776/2012 AND ACQUIT THE PETITIONER. 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:8022 CRL.RP No. 628 of 2018 ORAL ORDER 1. Accused is before this Court in this revision petition filed under Section 397 read with Section 401 of Cr.P.C. with a prayer to set-aside the judgment and order of conviction and sentence dated 01.06.2016 passed in CC No.18776/2012 by the Court of XIX Addl. Chief Metropolitan Magistrate, Bengaluru City and the judgment and order dated 20.04.2018 passed in Crl.A.No.761/2016 by the Court of LXV Addl. City Civil and Sessions Judge, Bengaluru. 2. Learned counsel for the parties jointly submit that the dispute between the parties has been settled amicably during the pendency of this petition and the respondent/complainant has agreed to receive a total sum of Rs.2,25,000/- from the petitioner towards full and final settlement of the amount covered under the cheque in question. They submit that a sum of Rs.1,12,500/- has been deposited by the petitioner before the Trial Court and the balance amount of Rs.1,12,500/- has been paid in cash by the petitioner to the respondent. 3. Respondent, who is present in-person before the Court has acknowledged receipt of aforesaid sum of Rs.1,12,500/- - 3 - HC-KAR NC: 2026:KHC:8022 CRL.RP No. 628 of 2018 and submits that he has withdrawn the amount of Rs.1,12,500/- deposited by the petitioner before the Trial Court. 4. Parties, who are present in-person before the Court are identified by their respective Advocates. The application filed by the parties under Section 147 of the Negotiable Instruments Act, 1881, is supported by the affidavit of the parties. The same is signed by the parties and also by their learned Advocates. In paragraph Nos.3 to 6 of the application, it is stated as follows:- "3. That the accused has agreed to pay a sum of Rs.2,25,000/- which is the cheque amount to the Respondent towards full and final settlement of the claim, to which the Respondent is also agreed. 4. It is submitted that the petitioner already deposited the amount of Rs.1,12,500/- before the trial court and the same was withdrawn by the respondent. Now the petitioner has paid the remaining amount of Rs.1,12,500/- to the Respondent. 5. That the Respondent/Complainant hereby acknowledges receipt of the aforesaid amount and declares that no further amount is due and payable by the Petitioner/Accused. - 4 - HC-KAR NC: 2026:KHC:8022 CRL.RP No. 628 of 2018 6. That the Respondent/Complainant has no objection whatsoever for compounding the offence under Section 147 of the Negotiable Instruments Act, 1881, and for allowing the above Criminal Revision Petition." 5. Considering the settlement arrived between the parties and also taking into consideration that the offence for which the petitioner has been convicted and sentenced by the Courts below is a compoundable offence, I am of the opinion that the prayer made in the application filed under Section 147 of the Negotiable Instruments Act, 1881, needs to be granted and the revision petition is required to be disposed off in terms of the settlement arrived between the parties. Accordingly, the following:- ORDER (i) IA No.1/2026 filed by the parties under Section 147 of the Negotiable Instruments Act, 1881, seeking permission of this Court to permit the parties to compound the offence for which petitioner has been convicted and sentenced by the Courts below is allowed. Consequently, the revision petition is allowed. - 5 - HC-KAR NC: 2026:KHC:8022 CRL.RP No. 628 of 2018 (ii) The impugned judgment and order of conviction and sentence dated 01.06.2016 passed in CC No.18776/2012 by the Court of XIX Addl. Chief Metropolitan Magistrate, Bengaluru City and the judgment and order dated 20.04.2018 passed in Crl.A.No.761/2016 by the Court of LXV Addl. City Civil and Sessions Judge, Bengaluru, convicting the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, are set aside. (iii) Petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. His bail bonds, if any, stands cancelled. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 62