- 1 - HC-KAR NC: 2026:KHC:9016 CRL.RP No. 177 of 2026 C/W CRL.RP No. 179 of 2026 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. 177 OF 2026 C/W CR IMINAL REVISION PETITION NO. 179 OF 2026 IN CRL.RP No. 177/2026 BETWEEN: A. NARAYANSWAMY S/O. ANJINAPPA, ADVOCATE AGED ABOUT 50 YEARS, RESIDING AT GANGAMMA, LEFT SIDE, ROAD, NEAR BURIAL GROUND, M.V. EXTENSION, HOSKOTE TOWN, BANGALORE RURAL DISTRICT, PIN -562 114. ALSO RESIDING AT: NEAR CHANDRIKA TALKIES, OLD BUS STAND, HOSAKOTE TOWN, BENGALURU RURAL DISTRICT. PIN-562 114 …PETITIONER (BY SRI. A. S. KULKARNI., ADVOCATE) AND: SRI. SHIVARUDRAIAH S/O. LATE CHIKKA CHANDAIAH, AGED ABOUT 59 YEARS, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9016 CRL.RP No. 177 of 2026 C/W CRL.RP No. 179 of 2026 RESIDING AT K.K. LAYOUT, MANJUNATHA NILAYA, M.V. EXTENSION, HOSAKOTE TOWN, BENGALURU RURAL DISTRICT. PIN-562114 …RESPONDENT (BY SRI. WALIM KHAN, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 11.09.2025 PASSED BY THE LEARNED IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN CRIMINAL APPEAL NO.65/2024 DISMISSING THE CRIMINAL APPEAL FOR NON- PROSECUTION JUDGMENT AND ORDER DATED 01.08.2024 PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AT HOSAKOTE IN C.C NO.1834/2017 CONVICTING THE PETITIONER FOR AN OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT. IN CRL.RP NO. 179/2026 BETWEEN: A. NARAYANSWAMY S/O. ANJINAPPA, ADVOCATE, AGED ABOUT 57 YEARS, RESIDING AT GANGAMMA, LEFT SIDE, ROAD, NEAR BURIAL GROUND, M.V. EXTENSION, - 3 - HC-KAR NC: 2026:KHC:9016 CRL.RP No. 177 of 2026 C/W CRL.RP No. 179 of 2026 HOSKOTE TOWN, BANGALORE RURAL DISTRICT, PIN: 562 114. ALSO RESIDING AT NEAR CHANDRIKA TALKIES OLD BUS STAND HOSAKOTE TOWN BENGLAURU RURAL DISTRICT PIN-562 114 ALSO RESIDING AT PRACTICE IN HOSKOTE COURT HOSAKOTE TOWN BENGALURU RURAL DISTRICT PIN-562 114 ...PETITIONER (BY SRI. A. S. KULKARNI., ADVOCATE) AND: SRI SHIVARUDRAIAH S/O. LATE CHIKKA CHANDAIAH, AGED ABOUT 66 YEARS, RESIDING AT K.K. LAYOUT MANJUNATHA NILAYA, M.V. EXTENSION, HOSAKOTE TOWN, BENGALURU RURAL DISTRICT PIN- 562 114 ...RESPONDENT (BY SRI. WALIM KHAN, ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 11.09.2025 PASSED BY THE LD IX ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN CRIMINAL - 4 - HC-KAR NC: 2026:KHC:9016 CRL.RP No. 177 of 2026 C/W CRL.RP No. 179 of 2026 APPEAL NO.66/2024 DISMISSING THE CRIMINAL APPEAL FOR NON PROSECUTION JUDGMENT AND ORDER DATED 01.08.2024 PASSED BY THE LD PRL.CIVIL JUDGE AND JMFC AT HOSAKOTE IN CC NO .776/2018 CONVICTING THE PETITIONER FOR AN OFFENCE P/U/S 138 OF N.I ACT. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER These two criminal revision petitions arise between the same parties and therefore, with the consent of the learned counsel for the parties, they are disposed of by this common order. 2. The respondent herein has initiated two separate proceedings in C.C.No.1834/2017 and C.C.No.776/2018 before the Jurisdictional Court of Magistrate against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. In the said proceedings, the petitioner was convicted and sentenced for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881. The said judgment and order of conviction and sentence passed in - 5 - HC-KAR NC: 2026:KHC:9016 CRL.RP No. 177 of 2026 C/W CRL.RP No. 179 of 2026 C.C.No.1834/2017 and C.C.No.776/2018 was unsuccessfully challenged by the petitioner in Crl.A.No.65/2024 and Crl.A.No.66/2024 respectively. Under these circumstances, the accused is before this Court in these two criminal revision petitions. 3. Learned counsel for the parties jointly submit that the dispute between the parties has been amicably settled and towards full and final settlement of the amount covered under the cheques in question, which are the subject matter of the aforesaid two cases, the respondent-complainant has agreed to receive a total sum of Rs.4,10,000/- from the petitioner. They submit that the parties have filed an application under Section 147 of the Negotiable Instruments Act seeking permission of this Court to compound the offence for which the petitioner has been convicted in the aforesaid two cases. Said application is taken on record. 4. The compounding application is signed by the parties and also by their learned advocates. In paragraph No.3 of the application, it is stated as follows: - 6 - HC-KAR NC: 2026:KHC:9016 CRL.RP No. 177 of 2026 C/W CRL.RP No. 179 of 2026 "3. The petitioner and respondent submit that, the matter in respect of both the above said cases have been compromised between the petitioner and the respondent for a total sum of Rs.4,10,000/- (Rupees Four Lakhs Ten thousand only) which is already paid by the petitioner to the respondent in the following manner: i) The respondent has withdrawn a total sum of Rs.1,40,000/- only which was deposited by the petitioner before the Hon'ble Trial Court in both the cases; ii) The petitioner has paid the respondent a sum of Rs.2,70,000/- only by way of Bank transfer." 5. The respondent who is present in person before this Court admits receipt of Rs.2,70,000/- from the petitioner by way of bank transfer. 6. In view of the aforesaid, I am of the opinion that these two criminal revision petitions are required to be disposed of in terms of the settlement arrived between the parties and the impugned judgment and order of conviction and - 7 - HC-KAR NC: 2026:KHC:9016 CRL.RP No. 177 of 2026 C/W CRL.RP No. 179 of 2026 sentence, which are assailed in these two criminal revision petitions needs to be set aside. 7. Accordingly, the following: O R D E R i. The parties are permitted to compound the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, for which petitioner has been convicted and sentenced in C.C.No.1834/2017 and C.C.No.776/2018. Consequently, the criminal revision petitions are allowed. ii. Impugned judgment and order of conviction and sentence dated 01.08.2024 passed in C.C.No.1834/2017 and C.C.No.776/2018 and the order dated 11.09.2025 passed in Crl.A.No.65/2024 and Crl.A.No.66/2024 passed by the Courts below are set aside and the petitioner is acquitted for the offence - 8 - HC-KAR NC: 2026:KHC:9016 CRL.RP No. 177 of 2026 C/W CRL.RP No. 179 of 2026 punishable under Section 138 of the Negotiable Instruments Act, 1881, in both the cases. iii. His bail bonds, if any, stand cancelled. In view of the disposal of these two petitions, I.A.No.2/2026 filed in both the petitions do not survive for consideration. Accordingly, the same are disposed of. SD/- (S VISHWAJITH SHETTY) JUDGE CR/List No.: 1 Sl No.: 26