Allowed¶41

Mr. Mohammed Usama Kandhlavi v. Mr. Hassan Moosa

Karnataka HC12 Feb 2026CRL.RP/114/2026

Case brief

AI extract

What is this about?

Section 138 NI Act cheque-dishonour conviction set aside on amicable settlement; joint memo dated 12.02.2026 taken on record; complainant Hassan Moosa agreed to withdraw cheating case C.C.No.53481/2022; revision under S.397/401 Cr.P.C. (S.438/442 BNSS); acquittal of accused Mohammed Usama Kandhlavi and cancellation of bail bonds; CRL.RP No. 114 of 2026; Justice S Vishwajith Shetty; High Court of Karnataka; NC: 2026:KHC:8830.

What did the court decide?

Setting aside of the conviction and sentence (trial judgment dated 02.12.2024 in CC.No.58989/2018 and appellate judgment dated 17.10.2025 in Crl.A.No.25028/2025); acquittal of the petitioner for the offence punishable under Section 138 of the N.I. Act; cancellation of bail bonds, if any. ¶41

Mr. Mohammed Usama Kandhlavi Vs Mr. Hassan Moosa — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, in view of the amicable settlement between the parties recorded in the joint memo dated 12.02.2026, the criminal revision petition should be disposed of in terms of the joint memo and the conviction and sentence set aside.

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Court's answer

In view of the settlement arrived between the parties, the revision petition was disposed of in terms of the joint memo dated 12.02.2026.

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Ratio / Principle

Criminal revision petition allowed; the judgment and order dated 02.12.2024 of the XXXIV Addl. Chief Metropolitan Magistrate, Bengaluru, in CC.No.58989/2018, and the judgment and order dated 17.10.2025 of the LXXIII Addl. City Civil & Sessions Judge, Mayohall Unit, Bengaluru, in Crl.A.No.25028/2025, were set aside.

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Key takeaways

The petitioner was acquitted of the offence punishable under Section 138 of the N.I. Act.ratio¶41
The petitioner's bail bonds, if any, stand cancelled.ratio¶46

Detailed headnote1 paragraphs

Karnataka High Court (Bengaluru), oral order of Justice S Vishwajith Shetty dated 12.02.2026 in CRL.RP No. 114 of 2026 (filed under Sections 397 read with 401 Cr.P.C.; Sections 438 read with 442 BNSS). Accused Mohammed Usama Kandhlavi had been convicted for an offence under Section 138 of the Negotiable Instruments Act by judgment dated 02.12.2024 of the XXXIV Addl. Chief Metropolitan Magistrate, Bengaluru, in CC.No.58989/2018, and the conviction was affirmed on 17.10.2025 by the LXXIII Addl. City Civil & Sessions Judge, Mayohall Unit, Bengaluru, in Crl.A.No.25028/2025. During the pendency of the revision petition the parties amicably settled the dispute, recording the settlement in a joint memo dated 12.02.2026 signed by the petitioner, the respondent/complainant Hassan Moosa (present in person) and counsel, under which the complainant also agreed to withdraw his separate cheating case C.C.No.53481/2022 pending before the X Addl. Chief Judicial Magistrate, Mayohall, and to have no future claims. Disposing of the petition in terms of the joint memo, the Court allowed it, set aside both the trial-court and appellate judgments, acquitted the petitioner of the Section 138 offence and cancelled his bail bonds, if any.

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NC: 2026:KHC:8830 CRL.RP No. 114 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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CRIMINAL REVISION PETITION NO. 114 OF 2026

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BETWEEN:

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MR. MOHAMMED USAMA KANDHLAVI AGED ABOUT 41 YEARS SON OF LATE IZHAR AHMED RESIDING AT G7, JEEVAN APARTMENT JAMIA NAGAR, OKHLA NEW DELHI - 110 025.

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…PETITIONER

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(BY SRI SYED MUJAHID UL ISLAM, ADV.)

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AND:

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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MR. HASSAN MOOSA AGED ABOUT 61 YEARS SON OF LATE MOOSA DAWOOD RESIDING AT NO.37/4 CUNNINGHAM ROAD CROSS JAYRAMDAS LAYOUT BENGALURU - 560 052.

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…RESPONDENT THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGEMENT DTD 17.10.2025 IN CRL.A.NO.25028/2025 PASSED BY THE HONBLE LXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (ANNEXURE-A).

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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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NC: 2026:KHC:8830 CRL.RP No. 114 of 2026

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HC-KAR

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ORAL ORDER

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Accused is before this Court in this revision petition filed under Sections 397 read with 401 of Cr.PC with a prayer to set aside the judgment and order dated 02.12.2024 passed by the Court of XXXIV Addl. Chief Metropolitan Magistrate, Bengaluru, in CC.No.58989/2018, and the judgment and order dated 17.10.2025 passed by the Court of LXXIII Addl. City Civil & Sessions Judge, Mayohall Unit, Bengaluru, in

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Crl.A.No.25028/2025.

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Learned Counsel for the petitioner submits that the dispute between the parties has been amicably settled during the pendency of this revision petition at the intervention of friends and well-wishers and in view of the settlement arrived between the parties, the impugned judgment and order of conviction and sentence passed by the courts below may be set aside. He has filed a joint memo before this Court dated 12.02.2026. The same is taken on record.

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The joint memo is signed by the petitioner, respondent and also by the learned Counsel for the petitioner. The

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NC: 2026:KHC:8830 CRL.RP No. 114 of 2026

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HC-KAR

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respondent who is present in person before the court has admitted the contents of the joint memo. In paragraph nos.1 to 6 of the joint memo, it is stated as under:

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"1. It is submitted that the Respondent/Complainant had filed C.C.No.58989/2018 against the Petitioner/Accused for offence punishable under Section 138 of the Negotiable Instrument Act before the XXXIV Addl Chief Judicial Magistrate, Bengaluru.

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2. The Hon'ble XXXIV Addl chief Judicial Magistrate, Bengaluru vide order dated 02.12.2024 convicted the Petitioner/Accused herein, Being aggrieved by the said order, the Petitioner/Accused preferred the Appeal in Crl.A.No.25028/2025. However, the said learned Appellate Court was pleased to confirmed the order of the learned Trail Court on 17.10.2025.

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3. It is submitted that with the intervention of friends and well-wishers the Parties have settled the above matter amicably.

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4. It is further submitted that the Respondent/Complainant have also filed a Criminal case of cheating against the Petitioner/Accused in C. C.No.53481/2022, pending before X Addl Chief Judicial Magistrate, Mayohall.

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NC: 2026:KHC:8830 CRL.RP No. 114 of 2026

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HC-KAR

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5. It is submitted that in the viev of settlement between the parties in the aforesaid case, the Respondent/Complainant has agreed to and shall withdraw the said criminal case of cheating filed against the Petitioner/Accused and Accused No.2 in C.C.No.53481/2022, pending before X Addl. Chief Judicial Magistrate, Mayohall.

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6. Both the parties have agreed to the aforesaid settlement without any coercion or undue influence. Further, the Respondent/Complainant shall have no future claims."

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In view of the settlement arrived between the parties, this revision petition is required to be disposed of in terms of the joint memo, and the impugned judgment and order of conviction and sentence passed against the petitioner is required to be seta side. Accordingly, the following order:

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Criminal revision petition is allowed. The impugned judgment and order dated 02.12.2024 passed by the Court of XXXIV Addl. Chief Metropolitan Magistrate, Bengaluru, in CC.No.58989/2018, and the judgment and order dated 17.10.2025 passed by the Court of LXXIII Addl. City Civil & Sessions Judge, Mayohall Unit, Bengaluru, in Crl.A.No.25028/2025, are set aside. Petitioner is acquitted of

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NC: 2026:KHC:8830 CRL.RP No. 114 of 2026

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HC-KAR

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the offence punishable under Section 138 of the N.I.Act. His

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bail bonds, if any, stands cancelled.

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Sd/(S VISHWAJITH SHETTY)

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