Karnataka High Court
Sathish Rao vs Rajesh Exports Limited on 27 November, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2025:KHC:49413
CRL.RP No. 166 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
CRIMINAL REVISION PETITION NO. 166 OF 2023
BETWEEN:
SATHISH RAO
S/O LATE B. ANAND RAO
AGED ABOUT 62 YEARS
RESIDING AT NO.2-8-685/1
YESHASWI, BARE BYLU ROAD
BEJAI KAPIKADU
MANGALORE-575 006.
...PETITIONER
(BY SRI SHIVAKUMAR .D.K, ADVOCATE)
AND:
RAJESH EXPORTS LIMITED
A COMPANY INCORPORATED AND REGISTERED UNDER
THE COMPANIES ACT
Digitally signed REGD. OFFICE AT BATAVIA CHAMBERS
by ANUSHA V
Location: High KUMARA PARK EAST
Court of
Karnataka BENGALURU - 560 001.
REP. BY AUTHORISED REPRESENTATIVE
M. MALIK
...RESPONDENT
(BY SRI RAJU .P, ADVOCATE)
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC PRAYING TO
SET ASIDE JUDGMENT AND ORDER DATED 18.01.2019 PASSED BY
LII ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN
CRL.A.NO.405/2016 AND ALSO JUDGMENT AND ORDER OF
CONVICTION AND SENTENCE DATED 11.12.2005 PASSED BY XXI
A.C.M.M., BENGALURU IN C.C.NO.5955/2005 AND ACQUIT
PETITIONER FROM ALLEGED OFFENCE.
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CRL.RP No. 166 of 2023
HC-KAR
THIS PETITION, COMING ON FOR HEARING ON I.A., THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL ORDER
Challenging judgment dated 18.01.2019 passed by LII
Additional City Civil and Sessions Judge, Bengaluru, in
Crl.A.no.405/2016 confirming judgment dated 11.12.2005
passed by XXI ACMM, Bengaluru, in CC.no.5955/2005, this
revision petition is filed.
2. Sri DK Shivakumar, 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. Learned counsel for parties submitted, during
pendency of revision petition, parties have settled dispute
amicably wherein accused has agreed to pay Rs.14 Lakhs
towards full and final claim of respondent (complainant) under
cheque in question. Learned counsel has filed joint memo,
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which is placed before Court and prayed that revision petition
may be disposed of in joint memo.
4. Joint memo reads as under:
"JOINT MEMO
"The Petitioner has been filed this Petition to set aside the
Judgment and Order of Conviction passed by the XXI
Additional Chief Metropolitan Magistrate Court at
Bengaluru in C.C. No.5955/2005 dated 11.12.2025 and
also to set aside the order confirmed by the Hon'ble LII
Additional City Civil and Sessions Judge at Bengaluru
(CCH-53) in Criminal Appeal NO.405/2016 dated
18.01.2019 before this Hon'ble Court.
The Petitioner and Respondent have been mutually
agreed to settle the matter between the parties and
accordingly, the Petitioner/Accused has agreed to pay the
total fine amount of Rs. 14,00,000/- (Rupees Fourteen
Lakhs Only) to the Respondent/Complainant in two equal
installments as follows:
i) On 15.12.2025 for a sum of Rs.7,00,000/-
(Rupees Seven Lakhs Only)
ii) On 15.04.2026 for a sum of Rs.7,00,000/-
(Rupees Seven Lakhs Only)
The Respondent/Complainant has also agreed to receive
the amount of Rs.14,00,000/- as full and final settlement
by way of D.D., in favour of Respondent/Complainant
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Company from the Petitioner/Accused and the
Respondent has also agreed that, they will not claim any
amount in future against the Petitioner/Accused. If the
Petitioner/Accused has deposited any amount deposited
before the trail court, the complainant/respondent is at
liberty to withdrawn the said amount out of Rs.
14,00,000/-. If any amount is deposited by the
Petitioner/Accused, after deduction of the said amount,
the Petitioner has to pay remaining amount to the
Respondent.
If the Petitioner/Accused fails to comply in terms of joint
memo, the Complainant/Respondent is at liberty to
proceed against the Petitioner/Accused.
The Petitioner and Respondent prays that this Hon'ble
Court be pleased to set-aside the judgment dated
18.01.2019, passed by Appellate Court and judgment
dated 11.12.2015 passed in Trial Court, consequently
acquit the Accused/Petitioner.
The Petitioner and Respondent prays that, this Hon'ble
Court may be pleased to accept this joint memo on record
and dispose off the above petition in terms of joint memo
in the interest of justice."
5. It was submitted, in terms of joint memo, accused
has agreed to pay total sum of Rs.14 Lakhs to complainant as
full and final settlement towards all claims. It was submitted,
sum of Rs.7 Lakhs would be paid on 15.12.2025 and remaining
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sum of Rs.7 Lakhs would be paid on 15.04.2026. It is also
agreed between parties that complainant is permitted to
withdraw any amount deposited by accused before trial Court
and to give credit for said sum while receiving balance
payment. It is also agreed that in case, accused fails to make
payment in terms of above settlement, complainant would be
at liberty to proceed against accused for fine amount.
6. Joint memo is duly signed by both parties and their
respective counsel. Parties are present and are identified by
their respective counsel.
7. 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.
8. I have perused joint memo and same is found
lawful and hence, taken on record.
9. In terms of settlement, this Criminal Revision
Petition is disposed of by setting aside judgment dated
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18.01.2019 passed by LII Additional City Civil and Sessions
Judge, Bengaluru, in Crl.A.no.405/2016 confirming judgment
dated 11.12.2005 passed by XXI ACMM, Bengaluru, in CC
no.5955/2005, and acquitting petitioner of offence alleged and
as agreed, in case of non compliance, complainant would be at
liberty to proceed against accused for entire fine amount.
As agreed, trial Court is directed to release amount in
deposit, if any, in favour of respondent - complainant.
To enable withdrawal, Registry is directed to transmit TCR
forthwith.
In view of disposal of revision petition, I.A.no.2/2025
does not survive for consideration and same is disposed of.
SD/-
(RAVI V HOSMANI)
JUDGE
AV
