- 1 - HC-KAR NC: 2026:KHC:8985 CRL.RP No. 544 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 544 OF 2022 BETWEEN: SURESH M.K S/O KRISHNA AGED ABOUT 51 YEARS R/AT D NO.63, B BLOCK SRI VINAYAKA KRUPA WARD NO.28 ANANDANAGARA MYSURU - 574 423. …PETITIONER (BY SRI NITHIN GOWDA K.C, ADV., FOR SRI PRASANNA KUMAR P, ADV.) AND: KEMPANAIKA S/O LATE KEMPANAIKA AGED ABOUT 48 YEARS D NO.961 BASAVARAJU CIRCLE, BOGADI ROAD HINKAL MYSURU - 574 423. …RESPONDENT (BY SRI P. ANAND, ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 23.02.2022 PASSED BY THE VI ADDITIONAL DISTRICT JUDGE, MYSURU THEREBY DISMISSING THE APPEAL IN CRL.A.NO.17/2021 FILED BY THE APPELLANT / PETITIONER HEREIN AND CONFIRMING THE JUDGMENT AND ORDER DATED 31.08.2021 PASSED BY THE J.M.F.C. - V, MYSURU IN C.C.NO.1069/2020 THEREBY CONVICTING THE APPELLANT / PETITIONER HEREIN FOR THE OFFENCE P/U/S 138 OF N.I. ACT AND SENTENCING HIM TO PAY A FINE OF RS.3,60,000/- WITH DEFAULT CLAUSE AND CONSEQUENTLY ACQUIT THE PETITIONER / ACCUSED. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8985 CRL.RP No. 544 of 2022 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused is before this Court in this revision petition filed under Section 397 read with 401 of Cr.P.C, with a prayer to set aside the judgment and order of conviction and sentence passed in C.C.No.1069 of 2020 dated 31.08.2021 by the Court of J.M.F.C. - V, Mysuru and the judgment and order passed in Criminal Appeal No.170 of 2021 dated 23.02.2022 by the Court of VI Addl. District & Sessions Judge, Mysuru. 2. Learned counsels appearing for the parties jointly submit that dispute between the parties has been amicably settled during the pendency of the petition and the respondent /complainant has agreed to receive a total sum of ₹.3,00,000/- from the petitioner towards the full and final settlement of the amount covered under the cheque in question. They submit that, sum of ₹.1,80,000/- has been deposited by the petitioner before the Trial court in C.C.No.1069 of 2020 and the balance amount of ₹.1,20,000/- is today paid by the petitioner to the respondent in cash. - 3 - HC-KAR NC: 2026:KHC:8985 CRL.RP No. 544 of 2022 3. Parties have filed an application under Section 482 and Section 320 of Cr.P.C, with a prayer to permit the parties to compound the offence punishable under Section 138 of N.I. Act, for which the petitioner has been convicted and sentenced by the Court below. The said application is taken on record. The same is supported by the affidavit of the parties. The application is signed by the parties and by their learned advocates. The parties, who are present in person before the Court are identified by their learned advocates. Respondent/ complainant has acknowledged receipt of ₹.1,20,000/- from the petitioner in cash. In paragraph no.3 of the application, it is stated as follows: "3. I submit that the present petition is filed challenging the judgment and order dated 23.02.2022 passed by the VI Additional District Judge, Mysuru thereby dismissing the Appeal in Crl.A.No.17/2021 filed by me as the petitioner herein and confirming the judgment and order dated 31.08.2021 passed by the J.M.F.C. -V, Mysuru in c.C.No.1069/2020 thereby convicting me for the offence punishable U/S 138 of N.I Act and sentencing him to pay a fine of Rs.3,60,000/- with default clause." 4. In view of the aforesaid settlement arrived between the parties, I am of the opinion that, the prayer made by the - 4 - HC-KAR NC: 2026:KHC:8985 CRL.RP No. 544 of 2022 parties in the application filed by them under Section 482 R/w Section 320 of Cr.P.C, needs to be granted and consequently the judgment and order of conviction and sentence passed by the Courts below needs to be set aside. 5. Accordingly, I pass the following: ORDER i. Parties are permitted to compound the offence for which petitioner has been convicted and sentenced by the Courts below. Consequently, criminal revision petition is allowed. The impugned judgment and order of conviction and sentence passed by the Courts are set aside and the petitioner is acquitted of the offence punishable under Section 138 of the N.I. Act. His bail bonds if any, stands cancelled. ii. Respondent / complainant is permitted to withdraw the amount of ₹.1,80,000/- deposited by the petitioner before the Trial Court in C.C.No.1069 of 2020. iii. Registry to forthwith return Trial Court records. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS