Karnataka High Court
K H Poojary ( K H Pujary) vs Sri Dharmendra on 3 December, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2025:KHC:50518
CRL.RP No. 63 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
CRIMINAL REVISION PETITION NO. 63 OF 2022
BETWEEN:
K H POOJARY ( K H PUJARY)
S/O BABU POOJARY,
AGED ABOUT 68 YEARS,
R/O UDUPI WHOLESALE WINES,
P.W.D. ROAD, AJJARKAD,
UDUPI TALUK - 576 101.
...PETITIONER
(BY SRI CHANDRASHEKAR R P., ADVOCATE)
AND:
SRI DHARMENDRA,
S/O GURURAJ ACHARYA,
AGED ABOUT 33 YEARS,
R/O ASHRAYA NILAYA,
DODDANAGUDDE,
KUNJIBETTU POST,
UDUPI TALUK-576 102.
Digitally signed
...RESPONDENT
by ANUSHA V
Location: High (BY SRI B. LETHIF, ADVOCATE)
Court of
Karnataka THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC BY THE
ADVOCATE FOR THE PETITIONER TO SET ASIDE THE
JUDGMENT DATED 16.10.2018 PASSED BY THE SAME COURT
AND ITS CONFIRMATION BY THE JUDGMENT DATED
17.11.2021 PASSED BY THE COURT OF PRL.DISTRICT AND
SESSIONS JUDGE, UDUPI IN CRL.A.NO.93/2018 AND ACQUIT
HIM OF THE ALLEGED CHARGE THAT IS P/U/S 138 OF THE N.I
ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:50518
CRL.RP No. 63 of 2022
HC-KAR
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL ORDER
Challenging judgment dated 17.11.2021 passed by Principal District and Sessions Judge, Udupi, in Crl.A.no.93/2018 confirming judgment of conviction and order of sentence dated 16.10.2018 passed by Prl. Civil Judge and J.M.F.C., Udupi, in C.C.no.2302/2006, this revision petition is filed.
2. Learned counsel for parties jointly submitted that during pendency of revision petition, parties have entered into settlement, wherein petitioner/accused has settled claim of respondent/complainant. An application under Section 147 of Negotiable Instruments Act, 1881, ('NI Act', for short) along with affidavits of both parties is filed for compounding of offence, wherein it is stated that they had agreed to compound offence by complainant receiving a total sum of Rs.8,25,000/- i.e., Rs.5,00,000/- deposited by accused before trial Court, Rs.3,00,000/- by way of Demand Draft and Rs.25,0000/- in cash, which is acknowledged as received. -3-
NC: 2025:KHC:50518 CRL.RP No. 63 of 2022 HC-KAR
3. Terms of affidavits filed in support of application, reads as follows:
"AFFIDAVIT OF PETITIONER
1. I state that, I am the Petitioner in the above Criminal Revision Petition and I am conversant with the facts of the case.
2. I state that the complaint/Respondent was filed against me on the basis of dishonour of cheque bearing No.097044 dated 1/03/2006, for an amount of Rs.5,00,000 (Rupees Five Lakhs only), drawn on UTI Bank Ltd. which came to be dishonoured for the reason Insufficient Funds.
3. I state that the judgment dated 17/11/2021 passed in Crl.A.No.93/2018 on the file of the Principal District & Sessions Judge, Udupi, which confirmed the conviction against me for the offence punishable under Section 138 of the Negotiable Instruments Act in C.C.No.2302/2006 on the file of the Learned Principal Civil Judge & JMFC, Udupi.
4. I state that aggrieved by the said judgment, I filed the present Criminal Revision Petition before this Hon'ble Court.
5. I state that during the pendency of the said petition before this Hon'ble court, the matter was referred to the Mediation Centre, Bengaluru, where on 12/11/2025, the Respondent and I mutually settled the matter amicably.
6. I state that as per the settlement, I agreed to pay a total sum of Rs.8,25,000/- (Rupees Eight Lakh Twenty-Five Thousand Only) to the Respondent in full and final settlement of all claims arising out of the cheque.
7. I state that I have already deposited a sum of Rs.5,00,000/- (Rupees Five Lakhs only) before the Learned Principal Civil Judge & JMFC, Udupi. Out of the said amount, a Demand Draft for Rs.3,00,000/- -4-
NC: 2025:KHC:50518 CRL.RP No. 63 of 2022 HC-KAR (Rupees Three Lakhs only) was drawn in favour of the Respondent, and the remaining amount of Rs.25,000 (Rupees Twenty-Five Thousand only) have been pay to the Respondent in cash.
8. I sate that the Respondent has accepted the settlement amount and agreed for compounding the offence and for setting aside the conviction.
9. I sate that the statements made in the accompanying I.A. for compounding the offence are true and correct to my knowledge.
AFFIDAVIT OF RESPONDENT
1. I am the Respondent/Complainant in the above Criminal Revision Petition and am fully aware of the facts of the case.
2. I state that, I had filed the complaint against the Petitioner based on dishonour of cheque bearing No.097044 dated 01/03/2006, for an amount of Rs.5,00,000/- (Rupees Five Lakhs only), drawn on UTI Bank Ltd., Mangalore Branch, which came to be dishonoured for the reason Insufficient Funds.
3. I state that the judgment dated 17/11/2021 passed in Crl.A.No.93/2018 on the file of the Principal District & Sessions Judge, Udupi, which confirmed the conviction of the Petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act in C.C.No.2302/2006 on the file of the Learned Principal Civil Judge & JMFC, Udupi.
4. I state that leading to the above said judgment, Petitioner filed the present Criminal Revision Petition before this Hon'ble Court.
5. I state that during the pendency of the said petition before this Hon'ble court, the matter was referred to the Mediation Centre, Bengaluru, where on 12/11/2025, the Petitioner and I mutually settled the matter amicably.
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NC: 2025:KHC:50518 CRL.RP No. 63 of 2022 HC-KAR
6. I state that as per the settlement, the Petitioner agreed to pay a total amount of Rs.8,25,000/- (Rupees Eight Lakhs Twenty Five Thousand Only) towards full and final settlement of the cheque amount and all related claims.
7. I state that the Petitioner has deposited a sum of Rs.5,00,000/- (Rupees Five Lakhs only) before the Learned Principal Civil Judge & JMFC, Udupi, which amount is yet to be released to me.
8. I state that, I also confirm that the remaining amount of Rs.3,25,000/- (Rupees Three lakhs Twenty Five thousand only) if any, shall be received by me, as agreed.
9. I state that, I have no further monetary or any other claim against the Petitioner.
10. I state that, I have no objection for compounding the offence under Section 147 of the NI Act, or for setting aside the conviction and acquitting the Petitioner.
11. I state that, the statements in the accompanying I.A. are true and correct to my knowledge."
4. Parties are present and identified by their respective counsel.
5. On interaction, parties have stated that they have been explained terms of settlement and after understanding, they have affirmed same out of their free will and volition without there being any threat, coercion or undue influence from anybody.
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NC: 2025:KHC:50518 CRL.RP No. 63 of 2022 HC-KAR
6. Affidavits filed along with application are duly signed by both parties, whose signatures are identified by their respective counsel and settlement is reported by them.
7. In view of above, application is taken on record and allowed.
8. Consequently, Criminal Revision Petition is disposed of as settled; concurrent judgments of conviction and order of sentences dated 17.11.2021 passed by Principal District and Sessions Judge, Udupi, in Crl.A.no.93/2018 and dated 16.10.2018 passed by Principal Civil Judge and J.M.F.C., Udupi, in C.C.no.2302/2006 are set-aside, petitioner/accused is acquitted of offence punishable under Section 138 of NI Act.
Trial Court is directed to release amount in deposit in favour of respondent/complainant.
Registry to transmit TCR to trial Court forthwith.
Sd/-
(RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 28