Karnataka High Court
Sri Shabbir vs Sri A B Ravindranath on 26 November, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2025:KHC:48973
CRL.RP No. 306 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
CRIMINAL REVISION PETITION NO. 306 OF 2023
BETWEEN:
SRI SHABBIR,
S/O LATE RASHID SAB,
AGED ABOUT 56 YEARS,
PROPRIETOR, SRI MUBARAK TRANSPORT,
SHABBIR LAYOUT,
HOLALKERE TOWN - 577 526.
CHITRADURGA DISTRICT.
...PETITIONER
(BY SRI HARISH N.R., ADVOCATE)
AND:
SRI A.B. RAVINDRANATH,
S/O A.N. BASAVALINGAPPA,
AGED ABOUT 63 YEARS,
AGRICULTURIST AND BUSINESS,
R/O ARASANAGHATTA VILLAGE,
KASABA HOBLI - 577 526,
Digitally signed
by ANUSHA V HOLALKERE TALUK.
Location: High ...RESPONDENT
Court of (BY SRI R SHASHIDHARA, ADVOCATE)
Karnataka
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
JUDGMNET AND ORDER PASSED BY THE LEARNED I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA
IN CRL.A.NO.4/2022 DATED 22.12.2022 CONFIRMING THE
ORDER PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND
JMFC HOLALKERE IN C.C.NO.649/2017 DATED 04.01.2022 BY
THE ALLOWING THIS CRIMINAL REVISION PETITION.
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NC: 2025:KHC:48973
CRL.RP No. 306 of 2023
HC-KAR
THIS PETITION, 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 22.12.2022 passed by I
Addl. District & Sessions Judge, Chitradurga, in Crl.A.no.4/2022
confirming judgment of conviction and order of sentence dated
04.01.2022 passed by Prl. Civil Judge and J.M.F.C., Holalkere,
in C.C.no.649/2017, this revision petition is filed.
2. Learned counsel for parties submitted that during
pendency of revision petition, parties have entered into
settlement, where under petitioner/accused has agreed to pay
sum of Rs.4,00,000/- (Rupees Four Lakh only) in full and final
settlement of respondent's claim under cheque in question. It is
submitted that sum of Rs.1,00,000/- was deposited by accused
before trial Court. He has no objection for
respondent/complainant withdrawing same. A further sum of
Rs.1,00,000/- is being paid today by way of cash and
remaining amount of Rs.2,00,000/- is agreed to be paid on or
before 10.01.2026. A joint memo is filed to said effect, which
reads as under:
NC: 2025:KHC:48973
HC-KAR
"JOINT MEMO FILED BY THE PETITIONER AND
RESPONDENT
The Petitioner and Respondent respectfully
submits as under:-
1. It is submitted that the Petitioner has
filed the above Petition challenging the
Judgment and Order passed by the learned I
Addl. District and Sessions Judge,
Chitradurga in Crl. Appeal No. 4 of 2022
dated 22.12.2022 confirming the order
passed by the learned Prl. Civil Judge and
J.M.F.C., Holalkere in CC.No.649/2017 dated
04.01.2022.
2. It is submitted that, during the pendency
of the above petition, at the intervention of
this Hon'ble Court and Advocates on record,
parties have settled the dispute and the
Petitioner has admitted the transaction and
has agreed to pay Rs.4,00,000/-(Rupees
Four Lakhs Only) in full and final settlement
of the transaction, as against the claim of the
respondent/complainant for sum of
Rs.5,00,000/-(Rupees Five Lakhs). The
Respondent/complainant also agreed for the
said proposal with conditions stipulated in
the following paragraphs.
3. In terms of the above settlement the
Petitioner/Accused today is paying amount of
Rs.1,00,000/- (Rupees One Lakh Only) by
way of cash to the Respondent/Complainant
before this Hon'ble Court.
4. The Petitioner/Accused submits that, he
has already deposited sum of Rs.1,00,000/-
(Rupees One Lakhs Only) before the Trial
Court as per the order of the Appellate court
and the Petitioner has no objection for the
Respondent/Complainant to get release the
above said amount and the
Petitioner/Accused has no claim with respect
to the above said deposited amount.
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HC-KAR
5. The Petitioner/accused undertakes to pay
remaining sum of Rs.2,00,000/- (Rupees
Two Lakhs Only) on or before 10.01.2026 to
the respondent/complainant, failing which
the respondent/Complainant is at liberty to
execute the order of the trial court.
WHEREFORE, both the parties pray this
Hon'ble Court be pleased to consider the
Joint Memo and pass necessary/suitable
Orders in the above matter and further, the
Trial Court may be directed to release the
deposited amount in favour of the
Complainant/Respondent in the ends of
justice."
3. Parties are present and 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. Joint memo is duly signed by both parties, whose
signatures are identified by their respective counsel and
settlement is reported by them.
6. Perused joint memo. Same is taken on record.
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HC-KAR
7. Thus, Criminal Revision Petition is disposed of as
settled; concurrent judgment of conviction and order of
sentences dated 22.12.2022 passed by I Addl. District and
Sessions Judge, Chitradurga, in Crl.A.no.4/2022 and dated
04.01.2022 passed by Prl. Civil Judge and J.M.F.C., Holalkere,
in C.C.no.649/2017, are set-aside acquitting petitioner/accused
of offence under Section 138 of NI Act.
It is however clarified that in case of failure of
petitioner/accused to make payment of balance amount as
agreed, order of conviction passed by trial Court and Appellate
Court would revive and respondent/complainant would be at
liberty to execute same.
Sd/-
(RAVI V HOSMANI)
JUDGE
GRD
