Karnataka High Court
Tribol Voice Communications Pvt Ltd vs S Mohandas on 14 November, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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CRL.RP No. 116 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
CRIMINAL REVISION PETITION NO. 116 OF 2023
BETWEEN:
1. TRIBOL VOICE COMMUNICATIONS PVT LTD.,
(A REGISTERED COMPANY UNDER THE
COMPANIES ACT) REP BY ITS
MANAGING DIRECTOR
SRI ARUN KUMAR BOLAR
HAVING ITS REGISTERED OFFICE AT
GIB 9/1, GROUND FLOOR
COMMERCE HOUSE,
CUNNIGHAM ROAD,
BANGALORE - 560 052.
2. SRI ARUN KUMAR BOLAR
AGED ABOUT 71 YEARS
S/O BHAKSAR
Digitally signed by MANAGING DIRECTOR OF
ANUSHA V TRIBOL VOICE COMMUNICATIONS PVT LTD
R/AT NO. 583, 12TH A CROSS,
Location: High 8TH MAIN, J P NAGAR, 2ND PHASE,
Court of Karnataka BANGALORE - 560 078.
...PETITIONERS
(BY SMT. SUCHITHRA, ADVOCATE FOR
SRI OMKAR BASAVA PRABHU, ADVOCATE)
AND:
S MOHANDAS
S/O LATE SRINIVAS MURTHY,
AGED ABOUT 53 YEARS,
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CRL.RP No. 116 of 2023
HC-KAR
C/O G M CONTROLS LNC
NO. 154/1, 1ST FLOOR, 4TH MAIN,
8TH CROSS, CHAMARAJAPET,
BENGALURU - 560 018.
ALSO AT
NO.777, 9TH MAIN ROAD,
BHUVANESHWARI NAGARA,
BENGALURU - 560 085.
...RESPONDENT
(BY SRI C.N. ACHUTHA MURTHY, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE
JUDGMENT PASSED BY THE HONBLE LXIII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-64) IN
CRL.A.NO.1464/2019 DATED 28.12.2022 AT ANNEXURE B AND
THE JUDGMENT PASSED BY HONBLE XVIII ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE NRUPATHUNGA ROAD,
BENGALURU CITY IN C.C.NO.33517/2011 DATED 10.06.2019
AT ANNEXURE A AND ACQUIT THE PETITIONER FROM THE
ALLEGED OFFENCE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
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CRL.RP No. 116 of 2023
HC-KAR
ORAL ORDER
Challenging judgment dated 28.12.2022 passed by LXIII
Addl. City Civil and Sessions Judge, Bengaluru (CCH-64), in
Crl.A.no.1464/2019 confirming judgment of conviction and
order of sentence dated 10.06.2019 passed by XVIII Addl.
Chief Metropolitan Magistrate, Bengaluru, in
C.C.no.33517/2011, this revision petition is filed.
2. Learned counsel for parties jointly submitted,
during pendency of revision petition, parties were entered into
compromise and a joint memorandum of compromise petition is
filed stating that dispute between parties is settled for total
sum of Rs.13,00,000/-, which reads as under:
"JOINT MEMORANDUM OF COMPROMISE PETITION
FILED UNDER SECTION 147 OF THE NEGOTIABLE
INSTRUMENTS ACT, 1881 R/W SECTION 320 OF THE
CODE OF CRIMINAL PROCEDURE, 1973:-
The Petitioners and the Respondent above-named
jointly and most respectfully submit as follows: -
1. It is submitted that the Respondent herein, as the
original Complainant, had initiated criminal
proceedings against the Petitioners (Accused Nos.1
& 2) and three others (Accused Nos.3, 4, and 5) in
C.C.No.33517/2011 on the file of the Hon'ble XVIII
Addl. Chief Metropolitan Magistrate, Bengaluru, for
an offence punishable under Section 138 of the
Negotiable Instruments Act, 1881.
2. It is submitted that the learned Magistrate, vide
judgment of conviction and sentence dated
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10.06.2019, was pleased to convict the Petitioners
herein and Accused Nos.3 & 4. The learned
Magistrate, however, was pleased to acquit Accused
No.5 of the alleged offence.
3. It is submitted that being aggrieved by the said
judgment of conviction, the Petitioners and Accused
Nos.3 & 4 preferred a consolidated criminal appeal
in Crl.A.No.1464/2019 on the file of the Hon'ble
LXIII Addl. City Civil & Sessions Judge (CCH-64) at
Bengaluru.
4. The learned Sessions Judge, upon appreciating the
contentions of the parties, was pleased to pass a
judgment dated 28.12.2022, partly allowing the
said appeal. The learned Sessions Judge was
pleased to set aside the conviction as against
Accused Nos.3 & 4, and duly acquitted them of the
offence. However, the judgment of conviction and
sentence passed against the present Petitioners
(Accused Nos.1 & 2) was confirmed.
5. It is submitted that the Petitioners herein, being
aggrieved by the concurrent judgments confirming
their conviction, have preferred the instant Criminal
Revision Petition No.116/2023, challenging the
legality and correctness of the same.
6. It is also submitted that the Respondent (Original
Complainant), being aggrieved by that part of the
judgment in Crl.A.No.1464/2019 which resulted in
the acquittal of Accused Nos.3 & 4, has also
preferred a distinct proceeding, namely Criminal
Appeal No.464/2024, which is also pending
consideration before this Hon'ble Court.
7. It is most respectfully submitted that during the
pendency of the aforesaid connected proceedings,
and at the intervention of elders, well-wishers, and
the learned counsel for both parties, the Petitioners
and the Respondent have amicably resolved and
settled the entire dispute arising out of
C.C.No.33517/2011 in its entirety.
8. It is submitted that the parties have mutually
agreed that the Petitioners shall pay, and the
Respondent shall receive, a total sum of
Rs.13,00,000/- (Rupees Thirteen Lakhs Only) as a
comprehensive, full and final settlement of all
claims and dues in the above matter. It is explicitly
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agreed that this settlement includes the subject
matter of both the instant Crl.R.P.No.116/2023 and
the connected Crl.A.No.464/2024.
9. In furtherance of this unequivocal settlement, the
Petitioners have arranged the said amount and are
tendering a Demand Draft bearing No.060311 dated
07.11.2025, for a sum of Rs.13,00,000/- (Rupees
Thirteen Lakhs Only), drawn on the Bank of Baroda
in favour of the Respondent, S. MOHANDAS.
10. The Respondent herein unqualifiedly acknowledges
the terms of this settlement. Upon the receipt of
the aforesaid Demand Draft, the Respondent
confirms that he has no further claims of any
nature whatsoever, either civil or criminal, against
the Petitioners (Accused Nos.1 & 2) or against the
acquitted Accused Nos.3 and 4, arising from or in
connection with the subject matter of
C.C.No.33517/2011.
11. The Respondent herein further states, undertakes,
and unequivocally agrees that, in view of this
comprehensive settlement and upon receipt of the
Demand Draft, he shall take immediate and
necessary steps to report this settlement in
Crl.A.No.464/2024 and unconditionally withdraw
the same before this Hon'ble Court, having no
objections to the acquittal of Accused Nos.3 & 4 are
being confirmed.
12. It Is submitted that this compromise is entered into
by all parties of their own free will, volition, and
without any coercion, duress, or undue influence
from any quarter, to give a full and final quietus to
the entire litigation.
13. The offence under Section 138 of the N.I. The act is
compoundable under Section 147 of the said Act. In
light of the complete and amicable settlement
between the parties, it is humbly prayed that this
Hon'ble Court be pleased to permit the Parties to
compound the offence and record the settlement.
WHEREFORE, the Petitioners and the Respondent
jointly and most respectfully pray that this Hon'ble
Court may be graciously pleased to:
a. Permit the parties to compound the offence
under Section 147 of the N.I. Act;
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b. Allow this Criminal Revision Petition in
terms of this Joint Memorandum of
Compromise;
c. Set aside the judgment of conviction and
sentence dated 10.06.2019 passed in
C.C.No.33517/2011 by the Hon'ble XVIII
ACMM, Bengaluru, and the judgment dated
28.12.2022 passed in Crl.A.No.1464/2019
by the Hon'ble LXIII Addl. City Civil &
Sessions Judge, Bengaluru, insofar as they
convict the Petitioners;
d. Acquit the Petitioners (Accused Nos.1 & 2)
of the offence punishable under Section
138 of the Negotiable Instruments Act,
1881,
e. And pass such other order/s as this Hon'ble
Court may deem fit in the facts and
circumstances of the case, in the interest
of justice and equity."
3. Parties are present and are identified by their
respective counsel.
4. On interaction, parties have stated that they have
been explained terms and conditions of settlement and after
understanding same, they have affirmed same out of their free
will and volition without there being any threat, coercion or
undue influence from anybody.
5. Memorandum of settlement is duly signed by both
parties, whose signatures are identified by their respective
counsel and settlement is reported by them.
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6. Memorandum of settlement is taken on record and
accepted.
7. In terms of settlement, this Criminal Revision
Petition is allowed; concurrent judgment of conviction and
order of sentences dated 28.12.2022 passed by LXIII Addl. City
Civil and Sessions Judge, Bengaluru (CCH-64), in
Crl.A.no.1464/2019 and dated 10.06.2019 passed by XVIII
Addl. Chief Metropolitan Magistrate, Bengaluru, in
C.C.no.33517/2011, are set-aside, acquitting petitioners of
offence alleged.
Sd/-
(RAVI V HOSMANI)
JUDGE
GRD
