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2026 DAILYLAW 9450 (KAR)

SMT. SAYEEDA v. K B SIDDESH

CRL.RP/937/2019 · 2026-02-16

S Vishwajith Shetty

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9460 CRL.RP No. 937 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 937 OF 2019 BETWEEN: SMT. SAYEEDA, W/O NASARULLA, AGED ABOUT 50 YEARS, D - GROUP EMPLOYEE, JMFC, JAGALUR - 577 528. DAVANAGERE TALUK. …PETITIONER (BY SRI.K.AKRAM PASHA, ADVOCATE) AND: K B SIDDESH, S/O K BASAPPA, AGED ABOUT 46 YEARS, OCC: PROPRIETOR, MARULASIDDESHWARA FINANCE, KECHHENAHALLI, JAGALUR TALUK - 577 528. DAVANAGERE DISTRICT. …RESPONDENT (BY SRI.D.PMAHESH, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO (a) SET ASIDE THE ORDER DATED 07.03.2019 IN CRL.A.NO.77/2015 PASSED BY THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE AT DAVANAGERE. Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9460 CRL.RP No. 937 of 2019 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused is before this Court in this Criminal revision petition filed under Section 397 read with Section 401 of Cr.PC with a prayer to set aside the judgment and order of conviction and sentence passed in C.C.No.1070/2011 dated 09.06.2015 by the Court of learned Civil Judge and JMFC, Jagalur and the judgment and order passed in Crl.A.No.77/2015 dated 07.03.2015 by the Court of I Additional District and Sessions Judge, Davanagere. 2. It is brought to the notice of this Court by learned counsel for the petitioner that dispute between the parties was amicably settled before the Lok adalat on 22.04.2025 and necessary application under Section 147 of the Negotiable Instruments Act, 1881 was also filed by the parties with a prayer to permit them to compound the offence for which petitioner has been convicted and sentenced by the Courts below. Order dated 22.04.2025 - 3 - HC-KAR NC: 2026:KHC:9460 CRL.RP No. 937 of 2019 passed by the Secretary of High Court Legal Services Committee read as follows: "Case called out. Petitioner by name Smt. Sayeeda and Respondent by name Sri. K.B. Siddesh are present. The Learned Counsel for the petitioner Sri. K. Akram Pasha and Learned counsel for the respondent Sri. D.P. Mahesh are also present and jointly submits that both petitioner and respondent have amicably settled the matter for a sum of Rs.1,00,800/-. The Learned Counsel for the petitioner and respondent jointly files an application under Section 147 of Negotiable Instruments Act. Perused the application. Further, it is stated in the application that petitioner also deposited a sum of Rs.50,400/- on 30.09.2019 and Rs.25,000/- on 11.03.2025, in all Rs.75,400/- before the Trial Court in C.C. No. 1070/2011 on the file of Hon'ble Civil Judge and JMFC, Jagaluru, Davanagere District. Further, both petitioner and respondent jointly submits that today petitioner has paid Rs.20,400/- to the respondent. - 4 - HC-KAR NC: 2026:KHC:9460 CRL.RP No. 937 of 2019 Further, both petitioner and respondent prays to close the case as per the terms and conditions of the Compromise Petition (Application under Section 147 of Negotiable Instruments Act). 3. On the said date, parties have also filed an application under Section 147 of the Negotiable Instruments Act, 1881, which is signed by the parties and their learned advocates respectively. In paragraph Nos. 4 to 7 of the said application, it is averred as follows: "4. It is submits that, accordingly the Petitioner deposited Rs.50,400/ on 30.09.2019 and further Rs.25,000/ on 11.03.2025, in all Rs.75,400/- is deposited by the Petitioner before the court below, now the balance is Rs.25,400/- is to be deposit. 5. It is submits that, now the Petitioner has to pay to Rs.20,400/- the Respondent balance compensation amount and Rs.5,000/- has to pay to the state. 6. It is submits that, the Petitioner is ready to deposit the amount Rs.20,400/- + Rs.5000/- i.e., 25,400/-before the court below on 05.05.2025. 7. It is submits that, it is understand between the parties that matter is amicably settled and - 5 - HC-KAR NC: 2026:KHC:9460 CRL.RP No. 937 of 2019 Respondent has agreed to compound the offence with the Petitioner." 4. Considering the aforesaid aspects of the matter, I am of the opinion that the Criminal revision petition is required to be disposed of in terms of settlement arrived between the parties and the impugned judgment and order of conviction and sentence passed against the petitioner needs to be set aside. Accordingly, the following: ORDER i. Application filed by the parties under Section 147 of the N.I.Act dated 22.04.2025 is allowed and the parties are permitted to compound the offence for which petitioner has been convicted and sentenced by the Courts below. ii. Consequently the Criminal Revision petition is allowed and the impugned judgment and - 6 - HC-KAR NC: 2026:KHC:9460 CRL.RP No. 937 of 2019 order of conviction and sentence are passed by Courts below set aside and the petitioner is acquitted of the offence punishable under Section 138 of the N.I.Act. Her bail bonds, if any, stands cancelled. iii. Amount of Rs.75,400/- (Rupees Seventy Five Thousand Four Hundred only) deposited by the petitioner before the Trial Court in C.C.No.1070/2011 is permitted to be withdrawn by the respondent. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 23