Allowed¶46

Mr Siyan Sharif v. Smt a K Bushra

Karnataka HC16 Oct 2025CRL.RP/1441/2024

Case brief

AI extract

What is this about?

Keywords: S.138 NI Act conviction; criminal revision S.397/401 Cr.PC (BNSS 438/442); settlement/compounding under S.147 NI Act with Karnataka Civil Procedure (Mediation) Rules 24 & 25; acquittal upon mediation settlement; release of Rs.77,500/- trial-court deposit; total settlement Rs.1,40,000/-. Disposition: revision petition allowed; convictions dated 29.04.2023 (C.C.no.2/2022, JMFC VIII Mangaluru) and 03.09.2024 (Criminal Appeal no.122/2023, I Addl. District and Sessions Judge, Dakshina Kannada) set aside; petitioner acquitted. Bench: Ravi V Hosmani, J.; decided 16.10.2025.

What did the court decide?

Petitioner acquitted; concurrent judgments of conviction and orders of sentence dated 03.09.2024 (Criminal Appeal no.122/2023) and dated 29.04.2023 (C.C.no.2/2022) set aside in terms of the settlement. ¶46

Mr Siyan Sharif Vs Smt a K Bushra — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the judgment of conviction dated 03.09.2024 (confirming the trial conviction and sentence dated 29.04.2023 under Section 138 of the Negotiable Instruments Act) should be set aside and the petitioner acquitted.

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Court's answer

The Memorandum of Settlement arrived at in mediation was taken on record.

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Ratio / Principle

In terms of the settlement, the Criminal Revision Petition is allowed and the petitioner is acquitted by setting aside the concurrent judgments of conviction and orders of sentence dated 03.09.2024 (Criminal Appeal no.122/2023) and dated 29.04.2023 (C.C.no.2/2022).

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Detailed headnote1 paragraphs

Oral Order (single Judge, Ravi V Hosmani, J.), High Court of Karnataka, 16.10.2025: Criminal Revision Petition No.1441/2024 under S.397 r/w 401 Cr.PC (also recorded as filed under S.438 r/w 442 BNNS) by an accused convicted under S.138 of the Negotiable Instruments Act - trial conviction and sentence dated 29.04.2023 by JMFC (VIII) Court, Mangaluru in C.C.no.2/2022, confirmed on 03.09.2024 by the I Addl. District and Sessions Judge, Dakshina Kannada, in Criminal Appeal no.122/2023. During pendency, the matter was referred to mediation (order dated 18.07.2025); the parties executed a Memorandum of Settlement under S.147 N.I. Act read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, whereby the petitioner agreed to pay Rs.1,40,000/- as full and final settlement (Rs.62,500/- paid in cash; Rs.31,000/- deposited on 25.07.2023 and Rs.46,500/- deposited on 27.11.2024, totalling Rs.77,500/-, to be released to the respondent). The Memorandum was taken on record; in terms of the settlement the revision petition was allowed and the petitioner acquitted by setting aside both concurrent judgments of conviction.

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NC: 2025:KHC:41160 CRL.RP No. 1441 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF OCTOBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE RAVI V HOSMANI

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CRIMINAL REVISION PETITION NO. 1441 OF 2024

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BETWEEN:

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MR SIYAN SHARIF AGED ABOUT 31 YEARS, S/O. SHEIKH AMANULLA, R/AT SMART CARE, MOBILE SALES AND SERVICES, SIMAZ COMPLEX, NEAR TALUK OFFICE JUNCTION, KARKALA KASABA VILLAGE, KARKALA TALUK, UDUPI DISTRICT-574 104.

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…PETITIONER

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(BY SRI SRINIVASA. N.C., ADVOCATE)

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AND:

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Digitally signed by ANUSHA V Location: High Court of Karnataka

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SMT. A.K.BUSHRA AGED ABOUT 33 YEARS, W/O. MOHAMMED ZAHIR, R/AT DILSHAD ASHRAF MANZIL, BEHIND KAPETTU VILLAGE, KARKALA TALUK, UDUPI DISTRICT - 574 104.

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…RESPONDENT

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(BY SMT. SUSHMITHA SURESH, ADVOCATE)

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THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 03/09/2024, PASSED BY THE HONBLE I ADDL. DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU, IN CRIMINAL APPEAL NO. 122/2023, CONFIRMING THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 29/04/2023, PASSED BY THE JMFC VIII COURT, MANGALURU, IN CC NO. 2/2022. IT IS FURTHER PRAYED THAT THIS HONBLE COURT ACQUIT THE PETITIONER FROM THE CHARGE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT.

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NC: 2025:KHC:41160 CRL.RP No. 1441 of 2024

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HC-KAR

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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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ORAL ORDER

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Challenging judgment dated 03.09.2024 passed by I

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Addl. District and Sessions Judge, Dakshina Kannada, Mangaluru, in Criminal Appeal no.122/2023 confirming judgment of conviction and order of sentence dated 29.04.2023 passed by J.M.F.C. (VIII) Court, D.K., Mangaluru, in C.C.no.2/2022, this revision petition is filed.

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It was submitted, during pendency of appeal, by order dated 18.07.2025, matter was referred for mediation which has resulted in settlement and terms of which are drawn in Memorandum of Settlement, which reads as under:

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3. Terms of Settlement reads as under:

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" MEMORANDUM OF SETTLEMENT UNDER SECTION 147 OF N.I. ACT READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.

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The Parties above named respectfully submit as follows:

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1. The Petitioner has filed Criminal Revision Petition to set aside the judgment of conviction dated 03.09.2024 passed by the Hon'ble I Addl. District & Sessions Judge, D.K., Mangaluru in Crl. Appeal No.122/2023 confirming the judgment of conviction and order of sentence dated 29.04.2023 passed by the JMFC VIII Court, Mangaluru in C.C.No.2/2022.

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3 - NC: 2025:KHC:41160 CRL.RP No. 1441 of 2024

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HC-KAR

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2. The aforesaid criminal revision petition was referred to mediation for resolving the dispute between the parties. In the course of mediation, both the Petitioner and the Respondent along with their Advocates are present and the parties have resolved their dispute and have agreed to the following terms and conditions.

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3. Terms & Conditions:

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a) Both the parties have settled their dispute amicably. The Petitioner has agreed to pay a total sum of Rs.1,40,000/- (Rupees One Lakh Forty Thousand Only) to the Respondent as full and final settlement of the case.

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b) Out of the said amount, the Petitioner has paid an amount of Rs.62,500/- to the Respondent on this day by way of cash and the Respondent admits the receipt of the same.

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c) That the Petitioner has already deposited a sum of Rs.31,000/- (Rupees Thirty One Thousand) on 25.07.2023 and once the Petitioner has deposited a sum of Rs.46,500/- (Rupees Forty Six Thousand Five Hundred Only) before the Trial Court on 27.11.2024 in total Petitioner has deposited sum of Rs.77,500/-(Rupees Seventy Seven Thousand Five Hundred Only).

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d) That the Petitioner further agrees that he has no objection to release the deposited amount of Rs.77,500/- in favour of the Respondent and the Respondent is authorized to receive the deposited amount of Rs.77,500/-(Rupees Seventy Seven Thousand Five Hundred Only) before the Trial Court.

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4. In view of the aforesaid agreement entered into between the parties, both the parties pray that the Hon'ble Court may be pleased to set aside the conviction dated 03.09.2024 passed by the Hon'ble I Addl. District & Sessions Judge, D.K., Mangaluru in Crl. Appeal No.122/2023, confirming the judgment of conviction and order of sentenced dated 29.04.2023 passed by the Hon'ble JMFC VII Court,

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NC: 2025:KHC:41160 CRL.RP No. 1441 of 2024

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HC-KAR

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Mangaluru in C.C.No.2/2022, on terms of this agreement.

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5. Parties will appear before the Honorable High Court of Karnataka for passing necessary Orders."

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Memorandum of settlement is taken on record.

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In terms of settlement, this Criminal Revision

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Petition is allowed ; acquitting petitioner by setting aside concurrent judgment of conviction and order of sentences dated 03.09.2024 passed by I Addl. District and Sessions Judge, Dakshina Kannada, Mangaluru, in Criminal Appeal no.122/2023 and dated 29.04.2023 passed by J.M.F.C. (VIII)

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Court, D.K., Mangaluru, in C.C.no.2/2022.

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Sd/(RAVI V HOSMANI) JUDGE

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GRD List No.: 1 Sl No.: 33

Mr Siyan Sharif v. Smt a K Bushra

Case brief

What is this about?

What did the court decide?

Mr Siyan Sharif v. Smt a K Bushra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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