Citation : 2026 Latest Caselaw 2685 Kant
Judgement Date : 26 March, 2026
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NC: 2026:KHC:17258
CRL.RP No. 511 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION No.511 OF 2025
(397(Cr.PC) / 438(BNSS)
BETWEEN:
MR.RAVINANDA L
S/O LAKSHMEGOWDA,
AGED ABOUT 40 YEARS,
C/O BYRAVESHWARA NILAYA,
KUPPALLI DEVEGOWDA,
HEMAVATHI HOSPITAL ROAD,
SAHYADRI CIRCLE 2ND CROSS,
HASSAN- 573 201.
...PETITIONER
(BY SRI KIRAN M M, ADVOCATE)
AND:
MR.CHANDRAKUMAR Y.S.
S/O SHIVAPPAGOWDA,
AGED ABOUT 43 YEARS,
Digitally
R/O YOGIHALLI VILLAGE,
signed by R DUDDA HOBLI, HASSAN TALUK,
MANJUNATHA HASSAN - 573 220.
Location: ...RESPONDENT
HIGH COURT
OF (BY SRI. SHESHADRI B T, ADVOCATE)
KARNATAKA
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE
PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND
SENTENCE PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC,
HASSAN IN C.C No.1370/2021 DATED 16/01/2024
CONVICTING THE REVISION PETITIONER FOR AN OFFENCE
PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE
INSTRUMENT ACT AND SENTENCING HIM TO PAY A FINE OF
Rs.4,15,000/- IN DEFAULT OF PAYMENT FINE AMOUNT, TO
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NC: 2026:KHC:17258
CRL.RP No. 511 of 2025
HC-KAR
UNDERGO SI FOR SIX MONTHS AND THE JUDGMENT PASSED
BY THE II ADDL.DISTRICT AND SESSIONS JUDGE AT HASSAN
IN CRL.APPEAL No.37/2024 WHEREIN THE LEARNED SESSIONS
JUDGE WAS PLEASED TO CONFIRM THE LOWER COURT ORDER
BY ORDER DATED 22/01/2025, BY ALLOWING THE ABOVE
APPEAL.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
Parties present before the Court. They file an application
under Section 147 of Negotiable Instruments Act, which reads
as under:
"1. The respondent has filed the case against the petitioner for the offence punishable under Section 138 of Negotiable Instrument Act in C.C. No.1370/2021 on the file of Hon'ble Principal Civil Judge and JMFC at Hassan, wherein the Hon'ble Trial Court after conclusion of Trial and hearing on both parties, was pleased to convict the accused by vide judgment dated 16.01.2024.
2. Being aggrieved by the judgment passed by the Hon'ble Trial Court the petitioner preferred an appeal in Crl.A.No.37/2024 on the file of Hon'ble II Additional District and Sessions Judge at Hassan. After hearing both the parties the Hon'ble Appellate Court dismissed the appeal by vide judgment dated 22.01.2025.
NC: 2026:KHC:17258
HC-KAR
3. Being aggrieved by the judgment of both the Courts the petitioner preferred this revision petition before this Hon'ble Court.
4. It is submitted that the petitioner and respondent have settled their dispute amicably and case is settled for an amount of Rs.4,37,500/- as full and final settlement (including deposited amount.)
5. The respondent/complainant is agreed to receive the aforesaid amount in following 4 instalments:
(i) 1st installment on 30.05.2026-Rs.57,500/-.
(ii) 1st installment on 30.06.2026-Rs.57,500/-.
(iii) 1st installment on 30.07.2026-Rs.57,500/-.
(iv) 1st installment on 30.08.2026-Rs.57,500/-.
6. The respondent undertakes that he is not having further claim against the petitioner/accused, and also undertakes to return the all the documents if any.
7. The respondent, in the light of the settlement, has no objection to set aside the judgment passed by the Hon'ble Trial Court and Appellate Court, by compounding the offence.
8. It is agreed between the parties that in case the petitioner/accused fails to comply the terms and conditions of this application, the respondent/ complainant is at the liberty to reopen the case.
NC: 2026:KHC:17258
HC-KAR
WHEREFORE, both the parties humbly pray that this Hon'ble Court be pleased to record the settlement and compound the offence punishable under Section 138 of Negotiable Instruments Act and set aside the judgment dated 16.01.2024 passed by Hon'ble Principal Civil Judge and JMFC at Hassan in C.C.No. 1370/2021 and judgment dated 22.01.2025 passed by Hon'ble II Additional District and Sessions Judge at Hassan in Crl.A.No.37/2024, consequently acquit the accused in the interest of justice."
2. In view of the above, revision petition stands disposed
of.
3. The amount in deposit is ordered to be withdrawn by the
complainant under due identification.
4. It is made clear that if the amount is not deposited as
stated in the application, revision petitioner shall undergo
imprisonment as ordered by the Trial Court confirmed by the
First Appellate Court.
Sd/-
(V SRISHANANDA) JUDGE
kcm List No.: 1 Sl No.: 77
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