Citation : 2026 Latest Caselaw 1850 Kant
Judgement Date : 26 February, 2026
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NC: 2026:KHC:12001
CRL.RP No. 1130 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 1130 OF 2025
BETWEEN:
SRI G V RAVI,
S/O.VENKATESH G,
AGED ABOUT 62 YEARS,
R/A.NO.893/Y, 10TH CROSS,
80 FEET ROAD, CHANDRA LAYOUT,
BENGALURU - 560 040.
...PETITIONER
(BY SRI. SHIVARAM B R, ADVOCATE)
AND:
M/S CHANDRA VIVIDODDESHA
Digitally SAHAKARA SANGA NIYAMITHA,
signed by C/A.NO.04, 2ND CROSS,
KAVYA R
1ST STAGE, 2ND PHASE,
Location: High
CHANDRA LAYOUT,
court of
Karnataka BENGALURU - 560 040.
REP BY ITS SECRETARY
...RESPONDENT
(BY SRI.MALLAPPA DANAPPA PANIGATTI, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401(FILED U/S.438
R/W SEC.442 BNSS) CR.P.C BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE
PLEASED TO SET ASIDE THE JUDGMENT DATED 26.05.2025
PASSED IN CRL.A.NO.898/2024 ON THE FILE OF THE HONBLE
LII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-53)
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NC: 2026:KHC:12001
CRL.RP No. 1130 of 2025
HC-KAR
BENGALURU CITY AS WELL AS THE JUDGMENT DATED
27.04.2024 PASSED IN C.C.NO.17148/2022 BY THE COURT OF
HONBLE XXVI ADDL. CMM BENGALURU.
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 397 read with Section 401 of
Cr.PC with a prayer to set aside the judgment and order of
conviction and sentence dated 27.04.2024 passed in
C.C.No.18148/2022 by the Court of XXVI Additional Chief
Metropolitan Magistrate, Bengaluru and the judgment and
order dated 26.05.2025 passed in Crl.A.No.898/2024 by
the Court of LII Additional City Civil and Sessions Judge,
Bengaluru.
2. The learned counsel for the petitioner and
learned counsel for the respondent jointly submit that the
dispute between the parties has been amicably settled
during the pendency of this Criminal revision petition and
the respondent/complainant has agreed to receive a total
NC: 2026:KHC:12001
HC-KAR
sum of Rs.17,44,016/- (Rupees Seventeen Lakhs Forty
Four Thousand Sixteen only) towards full and final
settlement of the dispute between the parties. They
submit that parties have already filed a joint memo dated
27.11.2025 before this Court.
3. Parties who are present before the Court in
person are identified by their learned advocates. It is
submitted that settlement between the parties is voluntary
without there being any undue influence or coercion.
4. The joint memo which is filed by the parties
dated 27.11.2025 is taken on record. The same is signed
by the parties and also by their respective advocates. In
paragraph Nos.1 to 4 of the joint memo, it is stated as
follows:
"1. The Petitioner and the Respondent have arrived at settlement in Ex No. 1606/2024, Ex No. 1607/2024 and Ex No. 1608/2024 said cases the Petitioner and The Respondent as agreed here under.
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2. The Petitioner has agreed to pay a total sum of Rs.17,44,016/- (Rupees Seventeen Lakhs Forty Four Thousand Sixteen only) as full and final settlement.
3. The Respondent has also agreed to receive a sum of Rs.17,44,016/- (Rupees Seventeen Lakhs Forty Four Thousand Sixteen only) as full and final settlement.
4. The Petitioner has already Paid Rs.8,89,800/- (Rupees Eight Lakhs Eighty Nine Thousand Eight Hundred Only) on 23/08/2025 through account to the respondent and the Petitioner deposited the sum of Rs.3,54,000/- before the trial court in CC No.18148/2022 as per the order of the Hon'ble City Civil and Sessions Judge (CCH-53) At Bengaluru in Crl.Appeal) No.898/2024 and here by the petitioner have given no objection to release the aforesaid deposited amount to the respondent. The Petitioner has to pay the remaining balance of Rs.5,00,216/- (Five Lakhs Two Hundred and Sixteen Rupees Only) on or before 25.12.2025."
5. Secretary of the respondent society, namely
Mallesh, who is present-in-person before this Court
submits that amount of Rs.5,00,216/- (Rupees Five Lakhs
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HC-KAR
Two Hundred and Sixteen only) has been received from
the petitioner and acknowledging the receipt of the
aforesaid amount, he also has today made an
endorsement in the joint memo dated 27.11.2025 filed by
the parties. He submits that the amount of Rs.3,54,000/-
(Rupees Three Lakhs Fifty Four Thousand only) deposited
by the petitioner before the Trial Court may be directed to
be released in favour of the respondent society.
6. In view of the aforesaid, I am of the opinion that
the Criminal revision petition is required to be disposed of
in terms of the settlement arrived between the parties and
the impugned judgment and order of conviction and
sentence passed against the petitioner needs to be set
aside. Accordingly, the following:
ORDER
i. The Criminal revision petition is allowed.
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HC-KAR
ii. The impugned judgment and order of
conviction and sentence passed against the
petitioner by the Courts below are set aside.
iii. The petitioner is acquitted of the offence
punishable under Section 138 of the
Negotiable Instruments Act, 1881 and his bail
bonds, if any, stands cancelled.
iv. The respondent/complainant is permitted to
withdraw the amount of Rs.3,54,000/-
(Rupees Three Lakhs Fifty Four Thousand
only) deposited by the petitioner before the
Trial Court in C.C.No.18148/2022.
v. The registry is directed to forthwith return
the trial court records.
Sd/-
(S VISHWAJITH SHETTY) JUDGE KVR/List No.: 1 Sl No.: 13
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