Suresh M K vs Kempanaika
2026 Latest Caselaw 1266 Kant

Citation : 2026 Latest Caselaw 1266 Kant
Judgement Date : 13 February, 2026

[Cites 5, Cited by 0]

Karnataka High Court

Suresh M K vs Kempanaika on 13 February, 2026

Author: S Vishwajith Shetty

Bench: S Vishwajith Shetty

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                                                              NC: 2026:KHC:8985
                                                         CRL.RP No. 544 of 2022


                   HC-KAR



                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                            DATED THIS THE 13TH DAY OF FEBRUARY, 2026
                                             BEFORE
                          THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
                            CRIMINAL REVISION PETITION NO. 544 OF 2022
                   BETWEEN:

                   SURESH M.K
                   S/O KRISHNA
                   AGED ABOUT 51 YEARS
                   R/AT D NO.63, B BLOCK
                   SRI VINAYAKA KRUPA
                   WARD NO.28 ANANDANAGARA
                   MYSURU - 574 423.
                                                                   ...PETITIONER
                   (BY SRI NITHIN GOWDA K.C, ADV., FOR
                       SRI PRASANNA KUMAR P, ADV.)
                   AND:

                   KEMPANAIKA
                   S/O LATE KEMPANAIKA
                   AGED ABOUT 48 YEARS
                   D NO.961 BASAVARAJU
                   CIRCLE, BOGADI ROAD HINKAL
Digitally signed   MYSURU - 574 423.
by NANDINI M                                                      ...RESPONDENT
S
Location: HIGH     (BY SRI P. ANAND, ADV.)
COURT OF
KARNATAKA                THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO
                   SET ASIDE THE JUDGMENT AND ORDER DATED 23.02.2022 PASSED
                   BY THE VI ADDITIONAL DISTRICT JUDGE, MYSURU THEREBY
                   DISMISSING THE APPEAL IN CRL.A.NO.17/2021 FILED BY THE
                   APPELLANT / PETITIONER HEREIN AND CONFIRMING THE JUDGMENT
                   AND ORDER DATED 31.08.2021 PASSED BY THE J.M.F.C. - V,
                   MYSURU IN C.C.NO.1069/2020 THEREBY CONVICTING THE
                   APPELLANT / PETITIONER HEREIN FOR THE OFFENCE P/U/S 138 OF
                   N.I. ACT AND SENTENCING HIM TO PAY A FINE OF RS.3,60,000/-
                   WITH DEFAULT CLAUSE AND CONSEQUENTLY ACQUIT THE
                   PETITIONER / ACCUSED.
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                                             NC: 2026:KHC:8985
                                       CRL.RP No. 544 of 2022


HC-KAR



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

CORAM:    HON'BLE MR. JUSTICE S VISHWAJITH SHETTY


                        ORAL ORDER

1. Accused is before this Court in this revision petition

filed under Section 397 read with 401 of Cr.P.C, with a prayer

to set aside the judgment and order of conviction and sentence

passed in C.C.No.1069 of 2020 dated 31.08.2021 by the Court

of J.M.F.C. - V, Mysuru and the judgment and order passed in

Criminal Appeal No.170 of 2021 dated 23.02.2022 by the Court

of VI Addl. District & Sessions Judge, Mysuru.

2. Learned counsels appearing for the parties jointly

submit that dispute between the parties has been amicably

settled during the pendency of the petition and the respondent

/complainant has agreed to receive a total sum of ₹.3,00,000/-

from the petitioner towards the full and final settlement of the

amount covered under the cheque in question. They submit

that, sum of ₹.1,80,000/- has been deposited by the petitioner

before the Trial court in C.C.No.1069 of 2020 and the balance

amount of ₹.1,20,000/- is today paid by the petitioner to the

respondent in cash.

NC: 2026:KHC:8985

HC-KAR

3. Parties have filed an application under Section 482

and Section 320 of Cr.P.C, with a prayer to permit the parties

to compound the offence punishable under Section 138 of N.I.

Act, for which the petitioner has been convicted and sentenced

by the Court below. The said application is taken on record. The

same is supported by the affidavit of the parties. The

application is signed by the parties and by their learned

advocates. The parties, who are present in person before the

Court are identified by their learned advocates. Respondent/

complainant has acknowledged receipt of ₹.1,20,000/- from the

petitioner in cash. In paragraph no.3 of the application, it is

stated as follows:

"3. I submit that the present petition is filed challenging the judgment and order dated 23.02.2022 passed by the VI Additional District Judge, Mysuru thereby dismissing the Appeal in Crl.A.No.17/2021 filed by me as the petitioner herein and confirming the judgment and order dated 31.08.2021 passed by the J.M.F.C. -V, Mysuru in c.C.No.1069/2020 thereby convicting me for the offence punishable U/S 138 of N.I Act and sentencing him to pay a fine of Rs.3,60,000/- with default clause."

4. In view of the aforesaid settlement arrived between

the parties, I am of the opinion that, the prayer made by the

NC: 2026:KHC:8985

HC-KAR

parties in the application filed by them under Section 482 R/w

Section 320 of Cr.P.C, needs to be granted and consequently

the judgment and order of conviction and sentence passed by

the Courts below needs to be set aside.

5. Accordingly, I pass the following:

ORDER

i. Parties are permitted to compound the offence for which petitioner has been convicted and sentenced by the Courts below. Consequently, criminal revision petition is allowed. The impugned judgment and order of conviction and sentence passed by the Courts are set aside and the petitioner is acquitted of the offence punishable under Section 138 of the N.I. Act. His bail bonds if any, stands cancelled.

ii. Respondent / complainant is permitted to withdraw the amount of ₹.1,80,000/- deposited by the petitioner before the Trial Court in C.C.No.1069 of 2020.