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Sri B a Suresh Kumar v. Sri C Prabhakar

Karnataka HC19 Nov 2025CRL.RP/526/2018

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; Justice Ravi V Hosmani; CRL.RP Nos. 526 and 525 of 2018; decided 19.11.2025. Section 138 NI Act convictions compounded through Section 147 NI Act compromise; revision under Sections 397/401 CrPC disposed on settlement; acquittal after payment of fine amounts; parties: complainant C Prabhakar (Bengaluru Traders) versus B A Suresh Kumar and V L Kalpana (Eshwar Distributors); relevant to compounding of cheque-dishonour cases on full payment and voluntary settlement.

What did the court decide?

Both revision petitions disposed of in terms of the compromise filed under Section 147 NI Act; the convictions and sentences dated 05.05.2017 in C.C.Nos.9729/2015 and 9728/2015 and their confirmation dated 12.04.2018 in Crl.A.Nos.834/2017 and 835/2017 set aside; petitioners acquitted of the offence under Section 138 NI Act.

Sri B a Suresh Kumar Vs Sri C Prabhakar — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the criminal revision petitions challenging the conviction and sentence under Section 138 NI Act (confirmed in appeal) could be disposed of on the basis of the settlement/compromise arrived at between the parties under Section 147 NI Act.

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Court's answer

The parties were present and identified by their counsel; on interaction they stated that the terms of compromise had been explained to them and, having understood them, they affirmed the compromise out of their own free will and volition, without threat, coercion or undue influence.

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Ratio / Principle

Having perused the terms of compromise, the Court found them lawful and accepted the compromise petitions.

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Key takeaways

In view of the terms of compromise, both Revision Petitions were disposed of to the extent and in terms of the compromise.ratio¶64
The judgments of conviction and sentence dated 05.05.2017 passed by the XVI Additional Chief Metropolitan Magistrate, Bengaluru City in C.C.Nos.9729/2015 and 9728/2015, as confirmed in judgments dated 12.04.2018 by the LII Additional City Civil & Sessions Judge, Bangalore City in Crl.A.Nos.834/2017 and 835/2017, were set aside.ratio¶68
The petitioners in both Revision Petitions stand acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act.ratio

Detailed headnote1 paragraphs

Criminal revision petitions under Ss.397 r/w 401 CrPC by B A Suresh Kumar and V L Kalpana challenging convictions under S.138 NI Act (cheque dishonour) in C.C.Nos.9729/2015 and 9728/2015, confirmed in appeal in Crl.A.Nos.834/2017 and 835/2017. Counsel submitted the parties had settled and the entire fine amounts had been paid to the respondent-complainant C Prabhakar. Terms of compromise under S.147 NI Act were filed; the parties, present in Court, affirmed the compromise voluntarily without threat, coercion or undue influence. The Court found the terms lawful, accepted the compromise petitions, disposed of both revisions in terms of the compromise, set aside the conviction and sentence dated 05.05.2017 and their confirmation dated 12.04.2018, and acquitted the petitioners of the offence punishable under S.138 NI Act. (Fines per compromise memos: Rs.3,25,000/- and Rs.5,50,000/-; amounts stated as paid: Rs.3,25,000/- and Rs.5,00,000/-.)

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NC: 2025:KHC:48109 CRL.RP No. 526 of 2018 C/W CRL.RP No. 525 of 2018

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 526 OF 2018

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C/W

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CRIMINAL REVISION PETITION NO. 525 OF 2018

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IN CRL.RP No. 526/2018

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BETWEEN:

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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SRI. B A SURESH KUMAR S/O ASWATHANARAYANASETTY B M AGED ABOUT 51 YEARS C/O ESHWAR DISTRIBUTORS, DISTRIBUTORS FOR VODAFONE, ESSAR SOUTH LIMITED PARLE PRODUCTS PVT LTD. NO.469, 3RD MAIN ROAD, SHASTRINAGAR, THYGARAJANAGAR, BENGALURU - 560 028.

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(BY SRI. N. SURESHA, ADVOCATE)

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…PETITIONER

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AND:

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SRI C PRABHAKAR S/O B.CHINNASWAMY, PROPRIETOR OF BENGALURU TRADERS, AGED ABOUT 53 YEARS, R/AT NO.38, 4TH CROSS, SRI RAMPURAM, BENGALURU - 560 021.

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…RESPONDENT

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(BY SRI. NANJUNDARADHYA B.G, ADVOCATE)

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NC: 2025:KHC:48109 CRL.RP No. 526 of 2018 C/W CRL.RP No. 525 of 2018

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HC-KAR

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THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 12.04.2018 PASSED BY THE LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.A.NO.834/2017 AND JUDGMENT AND SENTENCE DATED 05.05.2017 PASSED BY THE XVI ADDL.C.M.M., BENGALURU IN C.C.NO.9729/2015 BY ALLOWING THIS REVISION PETITION.

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IN CRL.RP NO. 525/2018

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BETWEEN:

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SMT. V L KALPANA W/O. B.A. SURESH KUMAR, AGED ABOUT 50 YEARS C/O. ESHWAR DISTRIBUTORS, DISTRIBUTORS FOR VODAFONE, ESSAR SOUTH LIMITED PARLE PRODUCTS PVT. LTD., NO.469, 3RD MAIN ROAD, SHASTRINAGAR, THYGARAJANAGAR, BENGALURU - 560 028.

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...PETITIONER

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(BY SRI. N SURESHA, ADVOCATE)

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AND:

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SRI. C PRABHAKAR S/O. B. CHINNASWAMY, PROPRIETOR OF BENGALURU TRADERS, AGED ABOUT 53 YEARS R/AT. NO.38, 4TH CROSS, SRI. RAMPURAM, BENGALURU - 560 021.

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...RESPONDENT

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(BY SRI. NANJUNDARADHYA B.G, ADVOCATE)

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THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 12.04.2018 PASSED BY THE LII ADDITIONAL CITY CIVIL

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3 - NC: 2025:KHC:48109 CRL.RP No. 526 of 2018 C/W CRL.RP No. 525 of 2018

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HC-KAR

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AND SESSIONS JUDGE, BENGALURU IN CRL.A.NO.835/2017 AND JUDGMENT AND SENTENCE DATED 05.05.2017 PASSED BY THE XVI ADDL.C.M.M., BENGALURU IN C.C.NO.9728/2015 BY ALLOWING THIS CRL.RP.

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THESE PETITIONS, COMING ON FOR ORDERS, 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 judgments of conviction and sentence dated

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05.05.2017 passed by XVI Additional Chief Metropolitan Magistrate, Bengaluru City in C.C.nos.9729/2015 and 9728/2015 confirmed in judgments dated 12.04.2018 passed by LII Additional City Civil & Sessions Judge, Bangalore City in Crl.A.nos.834/2017 and 835/2017, above Revision Petitions are filed.

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Learned counsel for parties in above revisions submit that both parties have entered into settlement and petitioner has paid entire fine amount of Rs.3,25,000/- and Rs.5,00,000/- respectively to respondent - complainant, and therefore, Revision Petitions may be allowed.

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NC: 2025:KHC:48109 CRL.RP No. 526 of 2018 C/W CRL.RP No. 525 of 2018

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HC-KAR

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Learned counsel for parties in above revision

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petitions filed terms of compromise under Section 147 of NI Act, which reads as follows :

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In Crl.RP.no.526/2018:

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" 1. The Petitioner submits that he is being convicted in C.C.NO.9729/2015 on the file of XVI Additional Chief Judicial Magistrate Bengalore and sentenced to pay a fine of Rs.3,25,000/- and in default of payment of fine he shall undergo simple imprisonment for six months.

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2. The Petitioner submits that Criminal Appeal is dismissed on 12.4.2018.

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3. The Petitioner and Respondent on the advise of elders have compromised the case.

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4. The Petitioner submits that he has paid the entire amount due to the respondent in full and final settlement.

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5. The Petitioner submits that since the case is compromised."

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In Crl.RP.no.525/2018:

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"1. The Petitioner submits that he is being convicted in C.C.NO.9728/2015 on the file of XVI Additional Chief Judicial Magistrate Bengalore and sentenced to pay a fine of Rs.5,50,000/- and in default of payment of fine he shall undergo simple imprisonment for six months.

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2. The Petitioner submits that Criminal Appeal no.835/2017 is dismissed on 12.4.2018.

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3. The Petitioner and Respondent on the advise of elders have compromised the case.

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5 - NC: 2025:KHC:48109 CRL.RP No. 526 of 2018 C/W CRL.RP No. 525 of 2018

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HC-KAR

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4. The Petitioner submits that he has paid the entire amount due to the respondent in full and final settlement.

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5. The Petitioner submits that since the case is compromised."

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In both Revision Petitions 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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Perused terms of compromise. They appear to be

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lawful. Compromise Petitions are accepted.

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In view of terms of compromise, both Revision Petitions are disposed of to extent and in terms of compromise. Judgments of conviction and sentence dated 05.05.2017 passed by XVI Additional Chief Metropolitan Magistrate, Bengaluru City in C.C.nos.9729/2015 and 9728/2015 confirmed in judgments dated 12.04.2018 passed by LII Additional City Civil & Sessions Judge, Bangalore City in

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NC: 2025:KHC:48109 CRL.RP No. 526 of 2018 C/W CRL.RP No. 525 of 2018

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HC-KAR

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Crl.A.nos.834/2017 and 835/2017 are set aside. Petitioner in

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both Revision Petitions are acquitted of offence punishable

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under Section 138 of Negotiable Instruments Act.

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