Mr K. S. Kumar v. Mr. Sathish

Karnataka HC11 Dec 2025CRL.RP/128/2023

Case brief

AI extract

What is this about?

Compounding of cheque dishonour (Section 138 NI Act) conviction on parties' settlement via Section 147 NI Act; criminal revision under Sections 397/401 Cr.P.C.; disposal as settled; setting aside of magistrate and sessions court judgments; acquittal of accused; release of fine deposit to complainant; instalment deposits Rs.61,000 and Rs.2,45,000 (DD No.930203); balance Rs.3,04,000 due 11.01.2026; Karnataka High Court, Bengaluru, 2025; Justice Ravi V Hosmani.

What did the court decide?

Revision petition disposed of as settled; concurrent judgments of conviction and sentence (29.09.2016 and 12.12.2022) set aside; petitioner acquitted under Section 138 NI Act; trial Court to release the deposit to the complainant; balance Rs.3,04,000/- payable on or before 11.01.2026. ¶¶55

Mr K. S. Kumar Vs Mr. Sathish — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, on the parties' settlement and joint application under Section 147 of the Negotiable Instruments Act, 1881 to compound the Section 138 offence, the revision petition should be disposed of by setting aside the concurrent judgments of conviction and acquitting the petitioner. +1 more

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Court's answer

In terms of the settlement between the parties, the Criminal Revision Petition is disposed of as settled.

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Ratio / Principle

The concurrent judgments of conviction and order of sentences dated 12.12.2022 (Crl.A.no.1265/2016) and dated 29.09.2016 (C.C.no.15701/2014) are set aside, acquitting the petitioner of the offence punishable under Section 138 of NI Act.

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Key takeaways

The trial Court is directed to release the amount in deposit in favour of the complainant.ratio¶¶61
The settlement application and joint affidavit were perused and taken on record as the basis of disposal.ratio¶¶54
On interaction, the parties affirmed the settlement out of their free will and volition, without any threat, coercion or undue influence.ratio

Detailed headnote1 paragraphs

Karnataka High Court (Ravi V Hosmani, J.) disposed of CRL.RP No.128 of 2023 as settled: during pendency of the revision under S.397 r/w 401 Cr.P.C. against conviction under S.138 NI Act, the parties filed a joint application under Section 147 of the Negotiable Instruments Act, 1881 to compound the offence, agreeing to pay Rs.6,10,000/- in full and final settlement — Rs.3,06,000/- already deposited before the trial Magistrate (Rs.61,000 on 01.12.2016 and Rs.2,45,000 on 05.04.2025 by DD No.930203, Karnataka Bank Ltd.) and balance Rs.3,04,000/- payable on or before 11.01.2026. After satisfying itself that the parties affirmed the settlement voluntarily and without coercion, the Court took the application and joint affidavit on record, disposed of the petition as settled, set aside the concurrent judgments dated 29.09.2016 (C.C.No.15701/2014) and 12.12.2022 (Crl.A.No.1265/2016), acquitted the petitioner of the Section 138 offence, and directed the trial Court to release the amount in deposit to the complainant.

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NC: 2025:KHC:52527 CRL.RP No. 128 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 128 OF 2023

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BETWEEN:

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MR. K. S. KUMAR, S/O LATE SHIVALINGAIAH, AGED ABOUT 48 YEARS, R/AT NO.7, 5^TH CROSS, KILARI ROAD, BENGLAURU - 560 053.

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…PETITIONER

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(BY SRI PARAMESWARAPPA C., ADVOCATE)

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AND:

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MR. SATHISH, S/O NAGARAJ, AGED ABOUT 52 YEARS, R/AT NO.7, 5^TH CROSS, KILARI ROAD, BANGALORE - 560 053.

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…RESPONDENT

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(BY SRI NAGARAJA M., ADVOCATE)

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Digitally signed by ANUSHA V Location: High Court of Karnataka

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THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 29.09.2016 PASSED BY THE LEARNED XXI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU IN C.C.NO.15701/2014 FOR THE OFFENCE P/U/S.138 OF NI ACT 1881 AND THE JUDGMENT DATED 12.12.2022 PASSED BY THE LEARNED LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-63) AT BENGALURU IN CRL.A.NO.1265/2016 CONFIRMING THE ORDER OF CONVICTION AND SENTENCE PASSED BY THE LEARNED MAGISTRATE.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

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NC: 2025:KHC:52527 CRL.RP No. 128 of 2023

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HC-KAR

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ORAL ORDER

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Challenging judgment dated 12.12.2022 passed by LXII Additional City Civil and Sessions Judge (CCH-63), Bengaluru, in Crl.A.no.1265/2016 confirming judgment of conviction and order of sentence dated 29.09.2016 passed by XXI Additional Chief Metropolitan Magistrate, Bengaluru, in C.C.no.15701/2014, this revision petition is filed.

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Learned counsel for parties submitted that during pendency of revision petition, parties have entered into settlement and application under Section 147 of Negotiable Instruments Act, 1881, (' NI Act ', for short) is filed along with affidavit of both parties, wherein accused agreed to pay sum of Rs.6,10,000/- (Rupees Six Lakhs Ten Thousand only) in full and final settlement of complainant's claim under cheque in question.

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It is stated that sum of Rs.3,06,000/- (Rupees Three Lakhs Six Thousand only) was deposited before trial Court in pursuance of interim order passed by this Court and accused has no objection for complainant withdrawing same and balance amount of Rs.3,04,000/- (Rupees Three Lakhs

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NC: 2025:KHC:52527 CRL.RP No. 128 of 2023

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HC-KAR

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Four Thousand only) is agreed to be paid on or before

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11.01.2026.

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4. Terms of settlement reads as under:

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"JOINT AFFIDAVIT FILED BY THE PETITIONER AND THE RESPONDENT.

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We, K S Kumar , S/o. late Shivalingaiah, Aged 48 years, R/at No.223, 19^th Cross, 1^st Block, R T Nagar, Bengaluru - 560 032 and Mr. Sathish , S/o. Nagaraj, Aged about 54 years, Residing at No.7, 5th Cross, Kilari Road, Bengaluru 560 053, are hereby solemnly affirm and state on oath as follows:

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1. We state that we are residents of the above-mentioned address and we are conversant with the facts of the above case. As such, we are competent to swear and swearing to this Affidavit.

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2. We state that the first of us has filed the above revision petition challenging the Judgment dated 29.09.2016 passed by the learned XXI Addl. Chief Metropolitan Magistrate, Bengaluru in CC.No.15701/2014 which confirmed by Judgment dated 12.12.2022 passed by the learned LXII Additional City Civil and Sessions Judge (CCH-63) in Crl. Appeal No.1265/2016.

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3. We state that, now we have settled our disputes inter se with the intervention of common friends and well-wishers of both of us as per stated in the accompanying application.

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4. We state that we are ready and willing to settle our disputes as stated in the accompanying application.

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NC: 2025:KHC:52527 CRL.RP No. 128 of 2023

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HC-KAR

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5. We state that the first of us is ready and willing to pay the amount of ₹6,10,000/including the amount already deposited before the learned Magistrate.

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6. We state that the first of us has already deposited a sum equivalent to 50% of the sentenced fine amount i.e. ₹3,06,000/-before the learned XXI Addl. Chief Metropolitan Magistrate, Bengaluru in CC.No.15701/2014 as per the directions of this Hon'ble Court while suspending the sentence, on 01.12.2016 ₹61,000 was deposited and on 05.04.2025 ₹2,45,000 was deposited by way of Demand Draft in DD No.930203 drawn on the bank of Karnataka Bank LTD.

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7. The first of us has no objections to release the amount deposited before the learned XXI Addl. Chief Metropolitan Magistrate, Bengaluru in CC.No.15701/2014 in favour of the second of us and I shall undertake to cooperate the second of us if his signatures are needed for the said purpose.

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8. The first of us has agreed to pay the balance amount of ₹3,04,000/- (Rupees three lakhs four thousand only) to the second of us on or before 11.01.2026.

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9. We state that we are filing the accompanying application and affidavit on our own will and volition and the same is without any force and pressure by anybody.

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10. In terms of the said settlement, we have compounded the offence punishable under Sec 138, N.I. Act and thus, we pray this Hon'ble Court be pleased to permit us to compound the offence with the Respondent and further be pleased

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NC: 2025:KHC:52527 CRL.RP No. 128 of 2023

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HC-KAR

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to set-aside the sentence as prayed in the accompanying application, in view of the settlement as aforesaid, as prayed for, in the accompanying Application, in the interest of justice and equity.

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We, K S Kumar S/o. Shivalingaiah and Sathish S/o. Nagaraj, the deponents are hereby declaring that these are our signatures and what is stated in the above paragraphs are true and correct to the best of our knowledge, belief and information.

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Parties are present and identified by their respective counsel.

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On interaction, parties have stated that they have been explained terms and conditions of settlement and after understanding, they have affirmed same out of their free will and volition without there being any threat, coercion or undue influence from anybody.

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Perused application and joint affidavit. Same is taken on record.

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In terms of settlement, this Criminal Revision Petition is disposed of as settled; concurrent judgments of conviction and order of sentences dated 12.12.2022 passed by LXII Additional City Civil and Sessions Judge (CCH-63), Bengaluru, in Crl.A.no.1265/2016 and dated 29.09.2016 passed by XXI Additional Chief Metropolitan Magistrate,

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NC: 2025:KHC:52527 CRL.RP No. 128 of 2023

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HC-KAR

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Bengaluru, in C.C.no.15701/2014 are set-aside, acquitting

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petitioner of offence punishable under Section 138 of NI Act.

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Trial Court is directed to release amount in deposit in favour of complainant.

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