Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:12371 CRL.RP No. 1685 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1685 OF 2023 BETWEEN:
G.G. FINANCE CORPORATION (R) NO.10/1, IST FLOOR AIRPORT ROAD, DOMLUR BANGALORE - 560 072 PROPRIETOR, M. LOKESH REDDY AGED ABOUT 56 YEARS S/O MUNIYAPPA. …PETITIONER (BY SRI V.R. VINAY KUMAR, ADV.) AND:
ANAND SINGH G S/O G. GULAB SINGH AGED ABOUT 51 YEARS R/AT NO.19, 8TH CROSS NANJASAPPA LAYOUT BEHIND CANARA BANK NAGARABHAVI ROAD NEAR SKYLINE APARTMENT BENGALURU - 560 072. …RESPONDENT (BY SRI L. NARASIMHA MURTHY, ADV.)
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC PRAYING TO SET ASIDE THE JUDGMENT AND ORDER C.C.NO.53697/2021 ON THE FILE OF THE XIV A.C.M.M AT BENGALURU CONVICTING THE PETITIONER FOR THE OFFENCE P/U/S 138 OF N.I ACT AND THE
JUDGMENT AND ORDER DATED 20.07.2023 PASSED BY THE LXIX ADDL.CITY CIVIL AND SESSIONS JUDGE IN CRL.A.NO.530/2023 AT BENGALURU WHEREIN THE APPELLATE COURT DISMISSED THE APPEAL OF THIS PETITIONER.
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:12371 CRL.RP No. 1685 of 2023
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. The accused is before this Court in this Criminal Revision petition filed under Section 397 R/w Section 401 of Cr.P.C, with a prayer to set aside the judgment and order dated 04.04.2022 passed in C.C.No.53697/2021 by the Court of XIV ACMM, Bengaluru and the
judgment and
order dated 20.07.2023 passed in Criminal Appeal No.530/2022 by the Court of LXIX Addl. City Civil & Sessions Judge, Bengaluru.
2.
Learned counsel for the parties jointly submit that, the dispute between the parties has been amicably settled during the pendency of this revision petition at the intervention of well-wishers and friends of both the parties. The respondent has agreed to receive a total sum of ₹.12,50,000/- from the petitioner towards full and final settlement of the amount covered under the cheque in question. They submit that, out of the agreed amount of ₹.12,50,000/- petitioner has already paid a sum of ₹.6,00,000/- to the respondent and for the balance amount of ₹.6,50,000/- petitioner has issued 6 post dated cheques. They submit that, parties have filed a joint memo
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HC-KAR NC: 2026:KHC:12371 CRL.RP No. 1685 of 2023
reporting settlement and therefore, this revision petition may be disposed of in terms of the settlement arrived between the parties and the impugned judgment and order of conviction and sentence passed by the Courts below may be set aside. 3. The respondent, who is present in person before the Court is identified by his learned advocate, he has acknowledged receipt of ₹.6,00,000/- from the petitioner and he also submits that, he has received 6 post-dated cheques for a total sum of ₹.6,50,000/-. 4. The said submission and joint memo filed by the parties placed on record. Joint memo is signed by the parties as well as by their advocates. In paragraph nos.4 and 5 of the joint memo, it is stated as follows:
"4. The Petitioner herein have agreed to pay the respondent a sum of Rs.12,50,000/- towards full and final settlement and the said amounts are agreed to be paid in the following manner: a) Amount of Rs. 2,50,000/- deposited by the petitioner before the Trial Court in terms of order passed in Crl. A. 530/2022 by the Sessions Court has been withdrawn by the respondent. - 4 -
HC-KAR NC: 2026:KHC:12371 CRL.RP No. 1685 of 2023
(b) Amount of Rs.2,50,000/- deposited by the petitioner before the Trial Court in terms of the orders passed by this Hon'ble Court has been withdrawn by the respondent. (c) Demand draft of Rs.1,00,000/- has been handed over to the respondent on 16.02.2026. (d) Cheque No.002356 dated 02.03.2026 drawn on ICICI Bank, Bangalore for Rs.1,00,000/- has been handed over to the respondent. (e) Cheque No.002357 dated 02.04.2026 drawn on ICICI Bank, Bangalore for Rs.1,00,000/- has been handed over to the respondent.
(f) Cheque No.002358 dated 02.05.2026 drawn on ICICI Bank, Bangalore for Rs.1,00,000/- has been handed over to the respondent. (g) Cheque No.002359 dated 02.06.2026 drawn on ICICI Bank, Bangalore for Rs.1,00,000/- has been handed over to the respondent. (h) Cheque No.002360 dated 02.07.2026 drawn on ICICI Bank, Bangalore for Rs.1,00,000/- has been handed over to the respondent. (i) Cheque No.0023561 dated 02.08.2026 drawn on ICICI Bank, Bangalore for Rs.1,50,000/- has been handed over to the respondent. 5. The petitioner submits that he would undertake that the cheques detailed from (d) to (i) would be honoured on its presentation."
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HC-KAR NC: 2026:KHC:12371 CRL.RP No. 1685 of 2023
5. In view of the aforesaid, I am of the opinion that, this revision petition is required to be disposed of in terms of the settlement arrived between the parties and impugned
judgment and order of conviction and sentence passed by the Courts below against the petitioner need to be set aside.
6. Accordingly, the criminal revision petition is allowed. The impugned judgment and order of conviction and sentence passed against the petitioner by the Courts below are set aside.
The petitioner is acquitted of the offence punishable under Section 138 of N.I. Act.
In the event, any one of the aforesaid post dated cheques are dishonoured, the respondent / complainant is at liberty to file necessary application to recall this order.
Sd/-
(S VISHWAJITH SHETTY) JUDGE
NMS List No.: 1 Sl No.: 42