[Cites 4, Cited by 0]
Karnataka High Court
H M Shivaswamy vs D Krishana on 6 January, 2026
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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CRL.RP No. 851 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 851 OF 2017
BETWEEN:
H.M. SHIVASWAMY
S/O LATE K. MADAIAH
AGED ABOUT 51 YEARS
TEACHER, GOVT. HIGHER PRIMARY
SCHOOL, SUGAR TOWN
R/O MANDYA, PIN - 571 401.
...PETITIONER
(BY SRI VIDYASAGAR H.V, ADV., FOR
SRI KEMPARAJU, ADV.)
AND:
D. KRISHANA
S/O DODATHIMMAIAH
AGED ABOUT 50 YEARS
R/AT BALLENAHALLI VILLAGE
NOW /AT EWS 38, 1ST STAGE
KUVEMPUNAGARA, MANDYA
Digitally PIN - 571 401.
signed by ...RESPONDENT
NANDINI M S
(BY SRI RAJA L, ADV.)
Location:
HIGH COURT THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO
OF
KARNATAKA SET ASIDE THE ORDER DATED 29.12.2015 IN C.C.NO.512/2013
PASSED BY THE J.M.F.C., MANDYA AND CONFIRMED BY THE II ADDL.
DIST. AND S.J., MANDYA IN CRL.A.NO.6/2016 DATED 30.06.2017
AND ACQUIT THE PETITIONER.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CRL.RP No. 851 of 2017
HC-KAR
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. This criminal revision petition under Section 397 read
with Section 401 of Cr.P.C. is filed by accused with a prayer to
set-aside the judgment and order of conviction and sentence
passed by the Court of Judicial Magistrate First Class, Mandya,
in CC No.512/2013 dated 29.12.2015 and the judgment and
order dated 30.06.2017 passed in Crl.A.No.6/2016 by the Court
of II Addl. District and Sessions Judge, Mandya.
2. Learned counsel for the petitioner and learned counsel for
the respondent jointly submit that dispute between the parties
has been amicably settled at the intervention of the well
wishers and elders of both the parties. Petitioner is bed ridden
and therefore, on his behalf, his sister has appeared in-person
before the Court. They submit that settlement between the
parties is voluntary without therebeing any undue influence or
coercion. The complainant, who is present before the Court
submits that he has filed his affidavit in support of the prayer
made in the application filed by the parties seeking permission
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of this Court to compound the offence for which the petitioner
has been convicted and sentenced by the Trial Courts.
3. The parties, who are present before the Court are
identified by their respective Advocates. The application filed
under Section 147 of the Negotiable Instruments Act, 1881
read with Section 320 of Cr.P.C. is taken on record. The said
application is supported by the affidavit of the
respondent/complainant, who is present in-person before the
Court.
4. In paragraph Nos.3 to 8 of his affidavit, it is stated as
follows:-
"3. During the pendency of the present Criminal
Revision Petition, with the intervention of elders and
well-wishers, the dispute between me and the
petitioner/accused has been amicably settled out of
court.
4. As per the terms of settlement, the
petitioner/accused has agreed to pay a sum of Rs.
2,90,000/- (Rupees Two Lakh Ninty Thousand only)
towards full and final settlement of all my claims
arising out of the cheque in question and the
connected criminal proceedings, in which 1,20,000/-
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is deposited before the trial court & balance
1,70,000/- is paid in cash today.
5. I hereby state that I have no objection for
compounding of the offence punishable under
Section 138 of the Negotiable Instruments Act under
Section 147 of the said Act.
6. I further state that I have no objection for
allowing the Criminal Revision Petition, for setting
aside the judgment and order dated 29.12.2015
passed by the learned J.M.F.C., Mandya in
C.C.No.512/2013, as confirmed by the judgment
dated 30.06.2017 passed by the learned II addl.
District & Sessions Judge, Mandya in Crl.A.
No.6/2016, and for acquittal of the
petitioner/accused.
7. State that I am giving my consent for
compounding voluntarily, without any force,
coercion, pressure or undue influence from any
quarter.
8. I undertake that upon recording of the
compromised and compounding of the offence, I
shall not make any further claims against the
petitioner/accused in respect of the subject matter of
the cheque and the present proceedings."
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5. Petitioner has been convicted in the present case for the
offence punishable under Section 138 of the N.I. Act. The
alleged offence is compoundable in nature. Having regard to
the settlement arrived between the parties, I am of the opinion
that the prayer made by the parties in the application filed by
them seeking permission of this Court to compound the offence
for which petitioner has been convicted and sentenced by the
Trial Courts needs to be granted. Accordingly, the following
order:-
6. IA No.1/2026 filed by the parties under Section 147 of
the NI Act read with Section 320 of Cr.P.C. seeking permission
of this Court to permit them to compound the offence for which
petitioner has been convicted and sentenced by the Trial
Courts, is allowed. Consequently, the criminal revision petition
is allowed and the judgment and order of conviction and
sentence passed by the Court of Judicial Magistrate First Class,
Mandya, in CC No.512/2013 dated 29.12.2015 and the
judgment and order dated 30.06.2017 passed in
Crl.A.No.6/2016 by the Court of II Addl. District and Sessions
Judge, Mandya, are set-aside. The petitioner is acquitted of the
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offence punishable under Section 138 of the N. I. Act. and his
bail bonds, if any, stands cancelled.
7. The respondent/complainant is permitted to withdraw the
amount of Rs.1,20,000/- which is said to have been deposited
by the petitioner before the Trial Court.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
DN
List No.: 1 Sl No.: 79
