Sri G v Ravi Vs M/S Chandra Vividoddesha

M/S CHANDRA VIVIDODDESHA SAHAKARA SANGA NIYAMITHA, C/A.NO.04, 2ND CROSS, 1ST STAGE, 2ND PHASE, CHANDRA LAYOUT, BENGALURU - 560 040. REP BY ITS SECRETARY

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…RESPONDENT (BY SRI.MALLAPPA DANAPPA PANIGATTI, ADVOCATE)

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THIS CRL.RP IS FILED U/S.397 R/W 401(FILED U/S.438 R/W SEC.442 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT DATED 26.05.2025 PASSED IN CRL.A.NO.898/2024 ON THE FILE OF THE HONBLE LII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-53)

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2 - NC: 2026:KHC:12001 CRL.RP No. 1130 of 2025

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HC-KAR

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BENGALURU CITY AS WELL AS THE JUDGMENT DATED 27.04.2024 PASSED IN C.C.NO.17148/2022 BY THE COURT OF HONBLE XXVI ADDL. CMM BENGALURU.

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

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused is before this Court in this Criminal revision

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petition filed under Section 397 read with Section 401 of Cr.PC with a prayer to set aside the judgment and order of conviction and sentence dated 27.04.2024 passed in C.C.No.18148/2022 by the Court of XXVI Additional Chief Metropolitan Magistrate, Bengaluru and the judgment and order dated 26.05.2025 passed in Crl.A.No.898/2024 by the Court of LII Additional City Civil and Sessions Judge, Bengaluru.

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The learned counsel for the petitioner and learned counsel for the respondent jointly submit that the dispute between the parties has been amicably settled during the pendency of this Criminal revision petition and the respondent/complainant has agreed to receive a total

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3 - NC: 2026:KHC:12001 CRL.RP No. 1130 of 2025

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HC-KAR

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sum of Rs.17,44,016/- (Rupees Seventeen Lakhs Forty Four Thousand Sixteen only) towards full and final settlement of the dispute between the parties. They submit that parties have already filed a joint memo dated 27.11.2025 before this Court.

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Parties who are present before the Court in person are identified by their learned advocates. It is submitted that settlement between the parties is voluntary without there being any undue influence or coercion.

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The joint memo which is filed by the parties dated 27.11.2025 is taken on record. The same is signed

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by the parties and also by their respective advocates. In paragraph Nos.1 to 4 of the joint memo, it is stated as follows:

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"1. The Petitioner and the Respondent have arrived at settlement in Ex No. 1606/2024, Ex No. 1607/2024 and Ex No. 1608/2024 said cases the Petitioner and The Respondent as agreed here under.

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NC: 2026:KHC:12001 CRL.RP No. 1130 of 2025

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HC-KAR

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2. The Petitioner has agreed to pay a total sum of Rs.17,44,016/- (Rupees Seventeen Lakhs Forty Four Thousand Sixteen only) as full and final settlement.

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3. The Respondent has also agreed to receive a sum of Rs.17,44,016/- (Rupees Seventeen Lakhs Forty Four Thousand Sixteen only) as full and final settlement.

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4. The Petitioner has already Paid Rs.8,89,800/(Rupees Eight Lakhs Eighty Nine Thousand Eight Hundred Only) on 23/08/2025 through account to the respondent and the Petitioner deposited the sum of Rs.3,54,000/before the trial court in CC No.18148/2022 as per the order of the Hon'ble City Civil and Sessions Judge (CCH-53) At Bengaluru in Crl.Appeal) No.898/2024 and here by the petitioner have given no objection to release the aforesaid deposited amount to the respondent. The Petitioner has to pay the remaining balance of Rs.5,00,216/- (Five Lakhs Two Hundred and Sixteen Rupees Only) on or before 25.12.2025."

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Secretary of the respondent society, namely Mallesh, who is present-in-person before this Court submits that amount of Rs.5,00,216/- (Rupees Five Lakhs

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5 - NC: 2026:KHC:12001 CRL.RP No. 1130 of 2025

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HC-KAR

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Two Hundred and Sixteen only) has been received from

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the petitioner and acknowledging the receipt of the aforesaid amount, he also has today made an endorsement in the joint memo dated 27.11.2025 filed by the parties. He submits that the amount of Rs.3,54,000/(Rupees Three Lakhs Fifty Four Thousand only) deposited by the petitioner before the Trial Court may be directed to be released in favour of the respondent society.

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In view of the aforesaid, I am of the opinion that

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the Criminal revision petition is required to be disposed of in terms of the settlement arrived between the parties and

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the impugned 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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NC: 2026:KHC:12001 CRL.RP No. 1130 of 2025

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HC-KAR

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ii. The impugned judgment and order of

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conviction and sentence passed against the petitioner by the Courts below are set aside.

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iii. The petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and his bail bonds, if any, stands cancelled.

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iv. The respondent/complainant is permitted to withdraw the amount of Rs.3,54,000/(Rupees Three Lakhs Fifty Four Thousand only) deposited by the petitioner before the Trial Court in C.C.No.18148/2022.

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v. The registry is directed to forthwith return the trial court records.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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KVR/List No.: 1 Sl No.: 13

Sri G v. Ravi v M/S Chandra Vividoddesha

Case brief

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Sri G v. Ravi v M/S Chandra Vividoddesha

Case brief

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