Lokesh K Vs K Prakash

Digitally signed by K PRAKASH, KAVYA R S/O LATE. KULLEGOWDA, Location: AGED ABOUT 55 YEARS, High court of R/AT DOOR NO.671, Karnataka VIJAYANAGARA, 3RD STAGE, 14TH MAIN ROAD, MYSURU - 570 017.

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…RESPONDENT

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(BY SRI. NAGENDRA.B, ADVOCATE FOR R1)

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THIS CRL.RP IS FILED U/S.397 R/W 401 OF THE CR.P.C BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 03.06.2023 PASSED

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NC: 2026:KHC:2255 CRL.RP No. 1008 of 2023

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HC-KAR

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BY THE HONBLE III ADDL.DISTRICT AND SESSIONS JUDGE AT MYSURU IN CRL.A.NO.235/2022.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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This Criminal revision petition under Section 397 read

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with Section 401 of Cr.PC is filed by the accused with a prayer to set aside the judgment and order of conviction and sentence passed in C.C.No.1507/2019 dated 19.07.2022 by the Court of Principal Civil Judge and JMFC, Mysuru and the judgment and order passed in Crl.A.No.235/2022 dated 03.06.2023 by the Court of III Additional Sessions Judge, Mysuru.

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Heard the learned counsel for the parties.

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Learned counsel for the petitioner and learned

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counsel for the respondent jointly submit that dispute between the parties has been amicably settled during the pendency of this petition. The parties have filed a joint memo and the Criminal revision petition may be disposed

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NC: 2026:KHC:2255 CRL.RP No. 1008 of 2023

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HC-KAR

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of in terms of the said joint memo. The parties who are present before the Court are identified by their respective learned advocates and it is submitted that the settlement arrived between the parties is voluntary without there being any undue influence or coercion.

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The joint memo dated 14.01.2026 filed by the parties is taken on record. The same is signed by the parties and also by their learned advocates. In paragraph Nos.5 to 8 of the joint memo, it is stated as follows:

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"5. However, during the pendency of the above proceedings, the matter has been amicably settled out of court. The Accused has already paid a total sum of Rs.3,10,000/- to the Complainant, i.e.,

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(a) Rs. 1,50,000/-, paid to Complainant before the Trial Court in the presence of witnesses; and

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(b) Rs. 1,60,000/-, subsequently paid to the Complainant.

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6. In view of the above payment, the Complainant has been fully and finally satisfied, and nothing further remains due or payable by the Accused under the cheque dated 28-12-2018.

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NC: 2026:KHC:2255 CRL.RP No. 1008 of 2023

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HC-KAR

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7. It is further submitted that the Accused had deposited certain amounts before the Trial Court while preferring Criminal Appeal No. 235/2022, before Hon'ble 4TH ADDITIONAL DISTRICT AND SESSION JUDGE AT MYSORE and also before this Hon'ble Court in the present Criminal Revision Petition No. 1008/2023. Since the Complainant has already received the entire cheque amount and is fully satisfied, the Accused may kindly be permitted to withdraw the said deposit(s).

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We submit that the Accused had deposited Rs.64,000/- vide DD Receipt No. 25118, R.O. No. 3277 dated 07-11-2022; and Rs. 96,000/- vide DD Receipt No. 3738, R.O. No. 3354 dated 03-10-2023.

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8. In view of the full and final settlement arrived at between the parties, the present Criminal Revision Petition may kindly be taken as disposed of in terms of this Compromise Memo, in the interest of justice and equity."

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5. Having regard to the settlement arrived between

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the parties and also taking into consideration that the alleged offence for which the petitioner has been convicted and sentenced by the Courts below is a compoundable

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5 - NC: 2026:KHC:2255 CRL.RP No. 1008 of 2023

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HC-KAR

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offence, I am of the opinion that this Criminal revision petition is required to be disposed of in terms of the joint memo filed by the parties and the judgment and order of conviction and sentence passed against the petitioner needs to be set aside. Accordingly the following:

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ORDER

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i. The Criminal revision petition is allowed .

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ii. The judgment and order of conviction and sentence passed in C.C.No.1507/2019 dated 19.07.2022 by the Court of Principal Civil Judge and JMFC, Mysuru and the judgment and order passed in Crl.A.No.235/2022 dated 03.06.2023 by the Court of III Additional Sessions Judge, Mysuru are set aside and the petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instrument

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6 - NC: 2026:KHC:2255 CRL.RP No. 1008 of 2023

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HC-KAR

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Act, 1881 and his bail bonds, if any, stands cancelled.

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iii. The amount of Rs.1,60,000/-(Rupees One Lakh Sixty Thousand only) said to have been deposited by the petitioner before the Trial Court is permitted to be withdrawn by the respondent/complaint.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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KVR

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List No.: 1 Sl No.: 4

Lokesh K v. K Prakash

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Lokesh K v. K Prakash

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