Sri B Krishnamurthy Vs Sri M Arun Kumar

THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 01.12.2018 PASSED BY THE LVII ADDL.C.M.M., BENGALURU IN C.C.NO.53994/2016 AND JUDGMENT DATED 28.01.2021 PASSED BY THE LXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU IN

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NC: 2025:KHC:49988 CRL.RP No. 360 of 2021

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HC-KAR

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CRL.A.NO.25245/2018 AND THEREBY ACQUIT THE PETITIONER FROM THE OFFENCE P/U/S 138 OF N.I. ACT.

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THIS PETITION, COMING ON FOR HEARING, THIS DAY,

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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 of conviction and sentence dated 01.12.2018 passed by LVII Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru, in C.C.no.53994/2016 and confirmed in judgment dated 28.01.2021 passed by LXXIII Additional City Civil & Sessions Judge, Mayo Hall Unit, Bengaluru (CCH-74), in Crl.A.no.25245/2018, this Revision Petition is filed.

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Learned counsel for parties submit that during pendency of Revision Petition parties have entered into settlement, wherein petitioner - accused has agreed to pay a total sum of Rs.9,00,000/- in full and final settlement of respondent - complainant's claim, under cheque in question. It is stated that Rs.1,54,000/- was deposited at time of filing of appeal and thereafter a sum of Rs.4,07,500/- has been

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HC-KAR

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deposited in pursuance of conditional interim order herein and respondent - complainant may be permitted to withdraw same. It is further stated that a sum of Rs.2,00,000/- was paid on 04.11.2025 and Rs.88,500/- on 13.11.2025. Apart from above, a sum of Rs.50,000/- is paid in cash on 13.11.2025. Thus, entire agreed amount has been paid.

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Learned counsel for parties have filed terms of compromise under Section 147 of N.I. Act, which reads as follows :

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"APPLICATION UNDER SECTION 147 OF NEGOTIABLE INSTRUMENTS ACT

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The petitioner and respondent humbly submit as follows:

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The respondent had filed a complaint under Section 138 of the Negotiable Instruments Act before the Hon'ble XXXIII ACJM, Bengaluru, in C.C. No.53994/2016 for dishonour of a cheque for Rs.7,70,000/(Rupees Seven Lakhs Seventy Thousand only). The Hon'ble Court, by judgment dated 01.12.2018, was pleased to convict the petitioner and sentence him to pay a total fine of Rs.11,63,700/- (Rupees Eleven Lakhs Sixty-Three Thousand Seven Hundred only), and in default, to undergo simple imprisonment for one year.

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HC-KAR

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Being aggrieved, the petitioner preferred an appeal before the Hon'ble LXXIII Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru, In Crl.Appeal No. 25245/2018. Pursuant to interim orders in the appeal, the petitioner deposited a sum of Rs.1,54,000/- (Rupees One Lakh Fifty-Four Thousand only) before the trial court. The appeal was dismissed on 28.01.2021.

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Aggrieved by the judgments of both courts, the petitioner filed the present revision petition. As per the directions of this Hon'ble Court, the petitioner has further deposited a sum of Rs.4,07,500/(Rupees Four Lakhs Seven Thousand Five Hundred only) before the Hon'ble XXXIII ACJM, Bengaluru.

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At the intervention of elders and well-wishers, the petitioner and respondent have amicably settled the dispute, and hence this application is filed seeking permission to compound the offence under Section 147 of the NI Act.

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As per the terms of settlement, the petitioner has agreed to pay a total sum of Rs.9,00,000/- (Rupees Nine Lakhs only) to the respondent as against the compensation of Rs.11,63,700/- awarded by the trial court, in full and final settlement. The respondent has agreed to accept the same in full and final satisfaction of his claim.

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The parties have agreed to the following mode of payment:

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NC: 2025:KHC:49988 CRL.RP No. 360 of 2021

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HC-KAR

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a) The respondent is permitted to withdraw the amounts already deposited before the Hon'ble XXXIII ACJM, Bengaluru, i.e.,

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Rs.1,54,000/- (Rupees One Lakh Fifty-Four Thousand only), and

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Rs.4,07,500/(Rupees Four Lakhs Seven Thousand Five Hundred only).

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The petitioner has no objection for such withdrawal.

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b) The petitioner has paid a sum of Rs.2,00,000/(Rupees Two Lakhs only) by way of Demand Draft bearing No. 143193 dated 04.11.2025, drawn on Karur Vysya Bank, Indiranagar Branch, Bengaluru, and the respondent acknowledges receipt.

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d) The petitioner has paid a sum of Rs.88,500/(Rupees Eighty-Eight Thousand Five Hundred only) by way of Demand Draft bearing No. 143219 dated 13.11.2025, drawn on Karur Vysya Bank, Indiranagar Branch, Bengaluru, and the respondent acknowledges receipt.

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e) The petitioner has paid the balance sum of Rs.50,000/- (Rupees Fifty Thousand only) in cash on 13.11.2025, and the respondent acknowledges receipt.

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WHEREFORE, it is humbly prayed that this Hon'ble Court may be pleased to:

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a) Permit the parties to compound the offence under Section 147 of the Negotiable Instruments Act:

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HC-KAR

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b) Record the compromise in terms stated above; and

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c) Set aside the order of conviction dated 01.12.2018 passed in C.C. No. 53994/2016 by the Hon'ble XXXIII ACJM, Bengaluru, in the interest of justice and equity. "

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Parties are present and identified by their respective counsel. On interaction, they have stated that terms of compromise have been explained to them and after understanding same, they affirmed it out of their free will and volition without any threat, coercion or undue influence from anybody.

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Hence, Compromise Petition is accepted. Revision

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Petition is disposed of as settled, judgment of conviction and order of sentence dated 01.12.2018 passed by LVII Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru, in C.C.no.53994/2016 and confirmed in judgment dated 28.01.2021 passed by LXXIII Additional City Civil & Sessions Judge, Mayo Hall Unit, Bengaluru (CCH-74) in Crl.A.no.25245/2018 are set aside, petitioner is acquitted of

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