[Cites 5, Cited by 0]
Karnataka High Court
Sri Umashankar N vs Sri K S Ananda Murthy on 2 February, 2026
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2026:KHC:5809
CRL.RP No. 287 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 287 OF 2024
BETWEEN:
SRI UMASHANKAR N
S/O SRI NANJUNDAPPA S
AGED ABOUT 50 YEARS
OFFICE AT NO.550
7TH MAIN ROAD
VIJAYANAGARA
BENGALURU - 560 040.
...PETITIONER
(BY SRI SANMUKH REDDY, ADV.)
AND:
SRI K.S. ANANDA MURTHY
S/O LATE K.N. SHIVANNA
AGED ABOUT 53 YEARS
R/AT NO.4/A, 3RD MAIN ROAD
13TH CROSS, CHANDRA LAYOUT
VIJAYANAGARA
BENGALURU - 560 040.
Digitally signed
by NANDINI M ...RESPONDENT
S
(BY SRI ASHOKA T, ADV.,)
Location: HIGH
COURT OF THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO
KARNATAKA
SET ASIDE THE JUDGMENT PASSED BY THE XLII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, (CCH-63), BENGALURU IN
CRL.A.NO.386/2017 DATED 20.01.2024 AND TO SET ASIDE THE
JUDGMENT PASSED BY THE XXIX ADDL.C.M.M. (SCCH-18),
BENGALURU DATED 17.02.2017 IN C.C.NO.12663/2013 AND ALLOW
TH IS CRL.RP
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
-2-
NC: 2026:KHC:5809
CRL.RP No. 287 of 2024
HC-KAR
ORAL ORDER
1. The accused is before this Court in this revision
petition filed under Section 397 R/w Section 401 of Cr.P.C, with
a prayer to set aside the judgment and order of conviction and
sentence passed in C.C.No.12663 of 2013 dated 17.02.2017 by
the Court of 29th ACMM, Bengaluru and the judgment and order
dated 20.01.2024 passed in Criminal Appeal No.386 of 2017 by
the Court of LXII Addl. City Civil & Sessions Judge, Bengaluru.
2. Learned counsel for the petitioner and learned
counsel for the respondent jointly submit that dispute between
the parties has been amicably settled during pendency of this
petition and the respondent / complainant has agreed to
receive a sum of ₹.1,50,000/- from the petitioner towards full
and final settlement of his claim under the cheque in question.
They submit that parties have filed an application under Section
147 of the Negotiable Instruments Act, 1881 R/w Section
320(2) of Cr.P.C, with a prayer to permit them to compound
the offence for which the petitioner has been convicted. The
parties, who are present in person before the Court are
identified by their learned advocates and it is submitted that
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settlement arrived between the parties is voluntary without any
undue influence and coercion. The application filed under
Section 147 of Negotiable Instruments Act Read with Section
320 of Cr.P.C, is signed by the respective parties and also by
their learned advocates. The said application dated 02.02.2026
is taken on record. In paragraph no.2 of the applications, it is
stated as follows:-
"2. It is submitted that now the matter is
compromised on the intervention of elders, the
petitioner and respondent both are relatives. The
respondent and petitioner agreed to settled the matter
amicable, the respondent have agreed to receive cheque
amount of Rs.1,50,000/- and for compromise. THe
petitioner has deposited Rs.57,000/- before trail court,
petitioner has no objection to release amount of
Rs.57,000/- in favour or respondent, remaining balance
of Rs.93,000/- paying today by way of cash to the
respondent."
3. Considering the aforesaid aspects of the matter and
also having regard to the fact that the offence punishable under
Section 138 of the Negotiable Instruments Act is a
compoundable offence, I am of the opinion that the prayer
made by the parties in the application (I.A.No.1 of 2026) to
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permit them to compound the offence, for which the petitioner
has been convicted and sentenced by the Courts below needs
to be granted and consequently the revision petition is required
to be disposed of in terms of the settlement between the
parties.
4. Respondent / complainant has admitted receipt of
₹.93,000 in cash from the petitioner today.
5. Accordingly the following:-
ORDER
(i) I.A.No.1 of 2026 is allowed and the parties
are permitted to compound the offence
punishable under Section 138 of Negotiable
Instruments Act, for which the petitioner has
been convicted and sentenced by the Courts
below. Consequently, the Criminal Revision
petition is allowed and the impugned
judgment and order of conviction and
sentence passed by the Courts below are set
aside and the petitioner is acquitted of the
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offence punishable under Section 138 of the
Negotiable Instruments Act.
(ii) The bail bonds of the petitioner, if any stands
cancelled.
(iii) Respondent / complainant is permitted to
withdraw the amount of ₹ 57,000 deposited
by the petitioner before the Trial court in
C.C.No.12663 of 2013.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
NMS
List No.: 1 Sl No.: 32
