[Cites 2, Cited by 0]
Karnataka High Court
Sri Santhosh Kumar M vs Sri G N Channakrishnappa on 18 February, 2026
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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CRL.RP No. 297 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 297 OF 2026
BETWEEN:
1. SRI SANTHOSH KUMAR M,
SON OF LATE MUNIKRISHNAPPA,
AGED ABOUT 46 YEARS,
RESIDING AT YELUVAHALLI VILLAGE,
NANDI HOBLI,
CHIKKABALLAPUR - 562 101.
...PETITIONER
(BY SRI.KUMAR.M, ADVOCATE)
AND:
1. SRI G N CHANNAKRISHNAPPA,
Digitally SON OF NARAYANAPPA,
signed by AGED ABOUT 60 YEARS,
NANDINI M S
Location: RESIDING AT YELUVAHALLI VILLAGE,
HIGH COURT
OF NANDI HOBLI,
KARNATAKA
CHIKKABALLAPUR - 562 101.
...RESPONDENT
(BY SRI.NAGENDRA R.A, ADVOCATE)
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438
R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER
PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO a)
ALLOW THE PETITION AND SET ASIDE THE ORDER DATED
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CRL.RP No. 297 of 2026
HC-KAR
27.09.2025 PASSED BY THE HON'BLE I ADDL. DISTRICT AND
SESSIONS JUDGE, AT CHIKKABALLAPURA IN CRL.A.NO.7/2025.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused is before this Court in this Criminal revision
petition filed under Section 438 read with Section 442 of
BNSS, 2023 with a prayer to set aside the judgment and
order of conviction and sentence passed by the Court of
the Principal Senior Civil Judge and CJM, Chikkaballapura
dated 27.11.2024 in C.C.No.439/2023 and the judgment
and order passed in Crl.A.No.7/2025 dated 27.09.2025 by
the Court of I Additional District and Sessions Judge,
Chikkaballapura.
2. Heard the learned counsel for the parties.
3. Learned counsel for the parties jointly submit
that dispute between the parties has been amicably
settled and the respondent/complainant has agreed to
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receive a total sum of Rs.2,25,000/- (Rupees Two Lakhs
Twenty Five Thousand only) from the petitioner towards
full and final settlement of the amount covered under the
cheque-in-question.
4. They submit that settlement between the parties
is voluntary without there being any undue influence or
coercion and an application under Section 147 of the
Negotiable Instruments Act, 1881 (for short 'N.I.Act') read
with Section 359 of BNSS, 2023 is filed before this Court
with a prayer to permit the parties to compound the
offence for which petitioner has been convicted and
sentenced by the Courts below.
5. Respondent who is present in person before the
Court is identified by his learned advocate. The respondent
has acknowledged receipt of Rs.2,25,000/- (Rupees Two
Lakhs Twenty Five Thousand only) from the petitioner in
cash. The application filed under Section 147 of the N.I.Act
is signed by the respondent as well as by the learned
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counsels appearing for the parties. Petitioner is said to be
in judicial custody. The application filed under Section 147
of the N.I.Act is taken on record and in paragraph Nos.1
and 2 of the application, it is stated as follows:
"1. It is submitted that since the petitioner is in
judicial custody the advocate for petitioner having
approached the respondent and with the intervention
of the well-wishers, the family members of the
petitioner intends to settle the matter amicably and
he has offered to clear the amount mentioned below
to the respondent as a full and final settlement in the
above.
2. It is submitted that the respondent has accepted
the offer made by the advocate for the petitioner on
the assurance given by the petitioner. It is submitted
that the subject matter of the cheque amount is
Rs.3,00,000/-(Rupees Three Lakhs only) but the
parties agreed to settle the matter for Rs.2,25,000/-
(Rupees Two Lakhs Twenty Five Thousand only) and
accordingly the petitioner has paid Rs.2,25,000/-
(Rupees Two Lakhs Twenty Five Thousand only) by
way of cash to the respondent as a full and final
settlement and the respondent has acknowledged
the receipt of the same before this Hon'ble court."
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6. Considering the fact that dispute between the
parties has been amicably settled during the pendency of
this petition, I am of the opinion that the prayer made by
the parties to permit them to compound the offence for
which petitioner has been convicted and sentenced by the
Courts below needs to be granted and consequently, the
impugned judgment and order of conviction and sentence
passed by the Courts below needs to be set aside.
Accordingly, the following:
ORDER
i. Application filed under Section 147 of the
N.I.Act is allowed and the parties are
permitted to compound the offence for which
petitioner has been convicted and sentenced
by the Courts below.
ii. Consequently, the judgment and order of
conviction and sentence passed against the
petitioner by the courts below are set aside
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and he is acquitted of the offence punishable
under Section 138 of the N.I.Act.
iii. The Prison Authorities are directed to
forthwith release the petitioner from custody.
Hand delivery is permitted.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
KVR
List No.: 1 Sl No.: 23
