Sri.Ravi @ Peeraiah vs Smt.Umadevi on 3 December, 2025

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

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                                                       CRL.RP No. 1683 of 2024


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                      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. 1683 OF 2024

                 BETWEEN:

                 SRI.RAVI @ PEERAIAH
                 S/O MADARAIAH,
                 AGED ABOUT 44 YEARS,
                 R/AT C/O SMT. RATHNAMMA,
                 PAPANNA BLOCK, 1ST CROSS,
                 GANGANAGAR,
                 BENGALURU - 560 032.
                                                                  ...PETITIONER

                 (BY SMT.MUSRATH TABASSUM, ADVOCATE)

                 AND:

                 1.    SMT.UMADEVI
                       W/O LATE. SRINIVAS,
                       AGED ABOUT 40 YEARS,
Digitally signed 2.    KUM. KUSHI,
by ANUSHA V            D/O LATE SRINIVAS,
Location: High         AGED ABOUT 16 YEARS,
Court of
Karnataka              BOTH ARE R/AT NO.36,
                       6TH CROSS,
                       VASANTHAPPA BLOCK,
                       GANGANAGAR,
                       BENGALURU - 560 032.
                                                                ...RESPONDENTS

                 (BY SRI PUNEET K KARIYANNA, ADV. FOR R1;
                     R2 - MINOR)

                        THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S
                 438 R/W 442 BNSS) PRAYING TO SET ASIDE IMPUGNED JUDGMENTS
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                                                   NC: 2025:KHC:50771
                                           CRL.RP No. 1683 of 2024


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OF CONVICTION DATED 04.11.2024 PASSED IN CRL.A.NO.881/2016
BY LXVIII ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY
AND JUDGMENT DATED 08.07.2016 PASSED IN C.C.NO.9434/2015
BY XVIII A.C.M.M BENGALURU AND ETC.,


      THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:


CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

                              ORAL ORDER

Challenging judgment dated 04.11.2024 passed by LXVIII

Additional City Civil and Sessions Judge, Bengaluru, in

Crl.A.no.881/2016 confirming judgment dated 08.07.2016

passed by XVIII ACMM, Bengaluru, in CC.no.9434/2015, this

revision petition is filed.

2. Smt. Musarth Tabassum, learned counsel for

petitioner submitted that this revision petition is against

concurrent findings convicting petitioner (accused) for offence

punishable under Section 138 of Negotiable Instruments Act,

1881 ('NI Act' for short).

3. It was submitted, during pendency of appeal, by

order dated 20.08.2025, matter was referred for mediation.

Parties have participated in mediation, which has resulted in

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settlement and terms of which are drawn in memorandum of

settlement placed before Court and prayed that petition may be

disposed of in terms of settlement.

4. Memorandum of settlement reads as under:

"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005

I. The above revision petition is preferred against the judgment of conviction dated 04.11.2024 passed in Crl.Appeal No.881/2016 by the LXVIII Addl. City Civil and Sessions Judge, Bengaluru City (CCH-69) wherein which the judgment dated 08.07.2016 passed by C.C.No.9434/2015 by the XVIII Addl. Chief Metropolitan Magistrate, Bengaluru convicting the petitioner for the offence punishable under section 138 of N.I.Act, acting under section 357 (2) of the Cr.PC, the petitioner also directed to pay compensation of Rs.2,65,000/- (Rupees Two Lakh Sixty Five Thousand Only), further acting under section 357 (1) (a) of Cr.PC fine amount of Rs.15,000/- (Rupees Fifteen Thousand Only) is defrayed to the state for the expenses incurred in the prosecution and in default of the aforesaid amount to undergo simple imprisonment for a period of Six Months.

II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During

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the course of medication, the Petitioner/Accused and the Respondent/Complainant and their respective advocates were present, identified each other and to resolve their disputes and they have agreed the following terms and conditions:

1. Both the parties state that the Petitioner/Accused has agreed to pay a sum of Rs. 3,30,000/- (Rupees Three Lakhs Thirty Thousand Only) to the Respondent/Complainant towards full and final settlement of all the claims of the Respondent/Complainant. Out of the agreed amount the Complainant/Respondent can withdraw a sum of Rs. 1,30,000 (Rupees One Lakh Thirty Thousand Only) which was deposited by the Petitioner/Accused before the XVIIIth ACMM, Bengaluru for which the Petitioner/Accused has no objection.

2. Further the Petitioner/Accused has agreed to pay a sum of Rs.1,00,000/- (Rupees One Lakh Only) to the Respondent/Complainant by way of demand draft bearing No.018671 dated 04.11.2025 drawn on State Bank of India, J.C.Nagar, Bengaluru on 05.11.2025 and the receipt of same acknowledged by the Respondent/Complainant and the remaining balance amount of Rs.1,00,000/- (Rupees One Lakh Only) will be paid by the Petitioner/Accused by way of RTGS on 03.12.2025. The Respondent/Complainant has agreed for the same.

3. Both parties state that apart from the above they have no claims in whatsoever nature against each other either in past, present.

4. The Respondent/Complainant No.1 Smt. Umadevi hereby agreed to return cheque No.915867 dated 17.11.2015 which was given by the Petitioner/Accused to the Respondent/Complainant. The receipt of which acknowledged by the

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Petitioner/Accused Sri.Ravi @ Peeraiah.

Further the Respondent/Complainant Smt. Umadevi and another admit and declare that other than the said cheque, she does not have any kind of cheques belong to the Petitioner/Accused.

5. Both the parties agree to the terms and conditions narrated above. In case of default of any payment by Petitioner/Accused to the Respondent/Complainant as agreed herein above and the Respondent/Complainant will be at liberty to seek re-open of this case for full amount mentioned in judgment of trial court.

6. The parties further state that there has been no collusion or force, fraud or any undue influence by any of the parties to enter into this into this compromise in the aforesaid manner.

III. In view of the aforesaid agreement, both the parties pray that this Hon'ble court may be pleased to pass appropriate orders, in terms of the aforesaid agreement.

IV. Parties will appear before the Hon'ble Court for passing necessary orders in terms of the agreement."

5. It was submitted, in terms of settlement, accused

has agreed to pay total sum of Rs.3,30,000/- to complainant as

full and final settlement towards all claims, out of which

Rs.1,30,000/- deposited by accused before trial Court is agreed

to be withdrawn by complainant and remaining Rs.2 Lakhs was

paid as agreed, by way of demand draft bearing no.018671

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dated 04.11.2025 for Rs.1 Lakh and by way of RTGS for Rs.1

Lakh on 02.12.2025. Thus, total settlement amount is paid and

same is acknowledged by learned counsel for complainant.