Karnataka High Court
Shri P Rajendra Prasad S/O P. Anjinappa vs Shri Ramakrishna Sa Pawar S/O Late ... on 3 November, 2025
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CRL.RP No. 100431 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 3RD DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.RACHAIAH
CRIMINAL REVISION PETITION NO.100431 OF 2024
(397(Cr.PC)/438(BNSS))
BETWEEN:
SHRI. P RAJENDRA PRASAD S/O. P. ANJINAPPA,
AGE. 42 YEARS, OCC. BUSINESS,
R/O. NEAR MARKANDESHWARA TEMPLE,
HOSAPETE-BALLARI MAIN ROAD,
KUREKOPPA VILLAGE-583123,
TQ. SANDUR, DIST. BALLARI.
...PETITIONER
(BY SRI. J. BASAVARAJ, ADVOCATE)
AND:
SHRI. RAMAKRISHNA SA PAWAR
S/O. LATE HANUMANTHA SA PAWAR,
Digitally signed by AGE. 44 YEARS, OCC. BUSINESS,
SAMREEN AYUB
DESHNUR R/O. W.NO.1, JANATHA COLONY,
Location: HIGH TORANAGALLU VILLAGE-583123,
COURT OF TQ. SANDUR, DIST. BALLARI.
KARNATAKA ...RESPONDENT
(BY SRI. PRAVEEN KUMAR G., ADVOCATE AND
SRI. D.V. PATTAR, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION
438 R/W 442 OF BNSS, PRAYING TO, SET ASIDE THE JUDGMENT OF
CONVICTION AND SENTENCE PASSED BY THE IV ADDL. DISTRICT AND
SESSIONS JUDGE (EXCLUSIVE COMMERCIAL COURT) BALLARI IN
CRL.A.NO.24/2024 DATED 24.08.2024 AND THE JUDGMENT OF
CONVICTION AND SENTENCE PASSED BY THE PRINCIPAL CIVIL JUDGE
AND JMFC, BALLARI IN .C.C. NO.1288/2020 DATED 20.04.2024 FOR
THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT AND SET
THE PETITIONER AT LIBERTY IN THE INTEREST OF JUSTICE.
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CRL.RP No. 100431 of 2024
HC-KAR
THIS CRIMINAL REVISION PETITION, COMING ON FOR ORDERS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)
Learned counsel for the petitioner filed a compromise
petition under Section 147 of the Negotiable Instruments
Act, 1881, read with Section 320 of Cr.P.C., stating that the
matter has been settled between the petitioner and the
respondent.
2. The averments of the said compromise petition
from paragraph No.5 onwards are reads as under:
"5. Hence, with intervention of elders and
their advice the petitioner and Respondent have
arrived at compromise and accordingly the
following are the terms and conditions:
a) That the Respondent has voluntarily
consented for the said compromise petition
without being subjected to coercion or threat
and shall withdraw all the allegations made
against the Petitioner herein.
b) That the Respondent has voluntarily
consented/agreed for compounding of the
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offences punishable u/s 147 of the NI Act R/w
Section 320 of CrPC, 1973 with the petitioner
for the offence punishable under section 138 of
Negotiable Instruments Act with the kind leave
of this Hon'ble Court.
c) That Respondent shall institute any
case against Petitioner with respect to the same
cause of the action.
d) That the petitioner and Respondent
has agreed to settle the matter for one time
settlement in terms of their settlement
agreement dated 29.10.2025 i.e., That
Petitioner shall pay an amount of Rs.
17,00,000/-(in words Rupees Seventeen Lakhs)
to the Complainant and the Petitioner has
already paid Rs.10,00,000 and the remaining
amount of Rs. 7,00,000 (in words Rupees Seven
lakhs only) shall be paid on or before
29.11.2025 and in lieu of the security of the
same a post-dated cheque dated 29.11.2025
bearing No. 535078 has been handed over to
the Complainant. The Petitioner shall also
undertake to fulfill the terms of settlement as
agreed thereof.
e) If Petitioner defaults at paying the
remainder balance of Rs. 10,00,000/- the
Respondent is at liberty to recourse any remedy
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In law against the default of reminder payment
against the Petitioner only.
f) The Respondent has no Impendent for
Immediate release of petitioner who is currently
serving the sentence imposed upon him.
This Hon'ble Court may be pleased to permit the
relative of the Petitioner for compounding of the offence
punishable under section 138 of NI Act on his behalf as
the petitioner is currently serving the sentence imposed
by the Courts Below."
3. Considering the averments made in the
compromise petition, there is no embargo on this Court to
record the settlement.
4. Accordingly, I proceed to pass the following:
ORDER.
i) The petition is allowed in terms of the
compromise petition.
ii) The judgment dated 20.04.2024 passed in
C.C.No.12888/2020 by the Principal Civil
Judge and JMFC, Ballari, and confirmed in
Criminal Appeal No.24/2024 vide judgment
dated 24.08.2024 by the IV Additional
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District and Sessions Judge (Exclusive
Dedicated Commercial Court), Ballari, are
hereby set aside.
iii) The petitioner/accused is acquitted for the
offence punishable under Section 138 of the
Negotiable Instruments Act, 1881.
iv) The bail bonds executed, if any, stands
cancelled.
v) The Registry is directed to communicate this
order to the Superintendent of Prison,
Ballari.
vi) The Superintendent of Prison is directed to
release the accused forthwith, in case, if he
is not required in any other cases.
vii) In view of the disposal of the main petition,
pending I.As, if any, are disposed of.
Sd/-
(S.RACHAIAH)
JUDGE
