- 1 - HC-KAR NC: 2026:KHC:7991 CRL.RP No. 889 of 2023 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. 889 OF 2023 BETWEEN: VENKATESH S/O SAMPANGI RAMAIAH AGED ABOUT 49 YEARS R/O THIRUMALA KALYANA MANTAPA MARUTHI EXTENSION MALUR TOWN - 563 130. …PETITIONER (BY SRI SUDHARSHAN L, ADV.) AND: SMT. RATHNAMMA W/O CHANDRAPPA R/AT VENKATESHWARA HOSPITAL OPP. GRUHA VAIBHAV SHOWROOM MARUTHI EXTENSION MALUR TOWN - 563 130. …RESPONDENT (BY SRI ANAND R.V, ADV.) THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C PRAYING PLEASED TO SET ASIDE THE JUDGEMENT OF CONVICTION AND SENTENCE IN C.C.NO.342/2019 DATED 27.09.2022 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC AT MALUR AND IN CRIMINAL APPEAL NO.71/2022 DATED 05.06.2023 ON THE FILE OF HONBLE PRL. DISTRICT AND SESSIONS JUDGE AT KOLAR FOR THE OFFENCE P/U/S 138 OF N.I. ACT. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7991 CRL.RP No. 889 of 2023 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This revision petition under Section 397 read with Section 401 of Cr.P.C. is filed by the accused with a prayer to set-aside the judgment and order of conviction and sentence dated 27.09.2022 passed in CC No.342/2019 by the Court of Principal Civil Judge and JMFC, Malur and the judgment and order dated 05.06.2023 passed in Crl.A.No.71/2022 by the Court of Principal District and Sessions Judge, Kolar. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner and learned counsel for the respondent jointly submit that dispute between the parties has been amicably settled during the pendency of this revision petition and the respondent/complainant has agreed to receive a total sum of Rs.3,50,000/- from the petitioner towards full and final settlement of the amount covered under the cheque in question. They submit that out of the said agreed amount, a sum of Rs.1,00,000/- has been received by the respondent/complainant in cash from the petitioner and amount of Rs.2,50,000/- which is deposited by the petitioner - 3 - HC-KAR NC: 2026:KHC:7991 CRL.RP No. 889 of 2023 before the Trial Court in CC No.342/2019 may be permitted to be withdrawn by respondent/complainant. 4. The parties, who are present before the Court in-person are identified by their respective Advocates. Respondent/complainant acknowledges receipt of Rs.1,00,000/- from the petitioner in cash and she also submits that settlement between the parties is voluntary without there being any undue influence or coercion. 5. The parties have filed application IA No.1/2026 before this Court under Section 147 of the Negotiable Instruments Act, 1881, read with Section 482 of Cr.P.C., which is supported by the affidavit of petitioner and respondent. In paragraph Nos.2 to 4 of the application, it is stated as follows:- "2. It is submitted that, during the pendency of the above said matter, the Petitioner and the Respondent have settled the dispute between them with intervention of their well wishers and family friends. 3. That in view of the settlement, the Respondent have received the amount in dispute and agrees to not to contest the above matter, in view of that, prosecuting the Petitioner would not serve any purpose since they - 4 - HC-KAR NC: 2026:KHC:7991 CRL.RP No. 889 of 2023 have entered into and amicable understanding and settlement. 4. That the Petitioner has no objection for the Respondent to withdraw the amount deposited before the Hon'ble Trial courts." 6. In view of the aforesaid and also considering the fact that the offence for which petitioner has been convicted and sentenced by the Courts below is compoundable in nature, I am of the opinion that this revision petition is required to be disposed off in terms of the settlement arrived between the parties and the impugned 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) The impugned judgment and order of conviction and sentence dated 27.09.2022 passed in CC No.342/2019 by the Court of Principal Civil Judge and JMFC, Malur and the judgment and order dated 05.06.2023 passed in Crl.A.No.71/2022 by the Court of Principal District and Sessions Judge, Kolar, are set-aside. - 5 - HC-KAR NC: 2026:KHC:7991 CRL.RP No. 889 of 2023 (iii) Petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. His bail bonds, if any, stands cancelled. (iv) Amount of Rs.2,50,000/- deposited by the petitioner before the Trial Court in CC No.342/2019 is permitted to be withdrawn by the respondent/complainant. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 81