Smt. Denissa Prakash Vs Usha T R

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NC: 2026:KHC:10000 CRL.RP No. 1170 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2026 BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO.1170 OF 2025

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BETWEEN:

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SMT. DENISSA PRAKASH W/O N. OMPRAKASH RAO AGED ABOUT 49 YEARS R/AT NO.93, F-2, 1^ST FLOOR, VAIBHAVI APARTMENT SANJEEVANINAGAR, NAGARABHAVI MAIN ROAD, MUDALPALYA, BENGALURU - 560 072.

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AND ALSO RESIDING AT NO.5, 5^TH MAIN ROAD, 10^TH CROSS, HBR LAYOUT, YASEEN NAGAR, KALYAN NAGAR, BANGALORE - 560 043.

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…PETITIONER

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

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(BY SRI. K.A.CHANDRASHEKAR., ADVOCATE)

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AND:

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SMT. USHA T R W/O G. GOPALKRISHNA AGED ABOUT 49 YEARS. R/AT NO.106/6, 2^ND FLOOR, 48^TH CROSS, 3^RD BLOCK, RAJAJINAGAR, BENGALURU - 560 010.

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…RESPONDENT

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(BY SRI. RAJASHEKHARA SEERI., ADVOCATE)

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THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE ORDER OF CONVICTION AND SENTENCE DATED 18.01.2024 PASSED BY THE LEARNED IV ADDL. SMALL CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES, SCCH-6, BENGALURU IN

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NC: 2026:KHC:10000 CRL.RP No. 1170 of 2025

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HC-KAR

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C.C.NO.6184/2019 AND CONFIRMED BY THE LEARNED LII ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH-53) BY THE JUDGMENT AND ORDER DATED 23.07.2025 VIDE CRL.A NO.334/2024, FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NI ACT AND ACQUIT THE PETITIONER / ACCUSED TO MEET THE ENDS OF JUSTICE.

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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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This revision petition under Section 397 read with Section 401 of Cr.P.C. is filed by the accused with a prayer to set-aside the judgment and order of conviction and sentence passed against her in CC No.6184/2019 dated 18.01.2024 passed by the Court of IV Addl. Small Cause Judge and ACMM, Court of Small Causes, Bengaluru, which is confirmed in Crl.A.No.334/2024 by judgment and order dated 23.07.2025 passed by the Court of LII Addl. City Civil and Sessions Judge, Bengaluru.

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Learned counsel for the petitioner and learned counsel for the respondent jointly submit that dispute between the parties has been amicably settled during the pendency of this petition and the respondent has agreed to receive total sum of Rs.5,05,000/- from the petitioner towards full and final settlement of the amount covered under the cheque in question. They submit that amount of Rs.2,02,000/- is deposited by the petitioner before the Trial Court,

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NC: 2026:KHC:10000 CRL.RP No. 1170 of 2025

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HC-KAR

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which may be permitted to be withdrawn by the respondent. Further sum of Rs.1,01,000/- has been paid by the petitioner to the respondent in cash and for the balance amount of Rs.2,02,000/-, a post-dated cheque drawn on Federal Bank, Vijayanagar Branch, Bengaluru, in favour of respondent dated 31.05.2026 has been issued. They also submit that the parties have filed a joint memo, which may be taken on record and the revision petition may be disposed off in terms of the settlement arrived between the parties.

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Respondent/complainant, who is present in-person before the Court is identified by her learned Advocate. She admits receiving a sum of Rs.1,01,000/- in cash from the petitioner and post-dated cheque as aforesaid.

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Joint memo filed is signed by the parties and by their respective Advocates. The said joint memo read as follows:-

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"JOINT MEMO

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The above petition was preferred by the petitioner herein praying this Hon'ble court be pleased to set aside the judgment and order of conviction and sentence dated 18.01.2024 passed by Learned IV Addl. Small causes Judge and ACMM Court of Small Causes SCCH-6, Bengaluru in CC No.6184/2019 and confirmed by the Hon'ble LII Addl. City Civil and Sessions Judge, Bengaluru (CCH-53) vide judgement and order dated 23.07.2025 in CRL.A No.334/2024 for the offences punishable under section 138 on NI Act and to acquit her.

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NC: 2026:KHC:10000 CRL.RP No. 1170 of 2025

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HC-KAR

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The petitioner herein, in compliance of the order passed by this Hon'ble court has deposited 40% of the fine amount i.e., Rs.2,02,000/- before the Hon'ble trial court. The petitioner herein has no objections to withdraw the aforesaid amount of Rs.2,02,000/- by the complainant/respondent herein.

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Today, the petitioner herein paying a sum of Rs.1,01,000/- by way of cash to the complainant/respondent herein and issuing a cheque dated 31.05.2026 for Rs.2,02,000/- drawn of FEDERAL BANK, drawn on Vijayanagara Branch, Bengaluru in favour of the complainant/respondent herein towards the balance fine amount and under takes that on presentation, the aforesaid cheque would be honoured without fail. Accordingly, the entire fine amount is cleared.

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WHEREFORE, it is prayed that this Hon'ble court be pleased to disposed of this petition in terms of the memo to meet the ends of justice."

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Considering the fact that the dispute between the parties has

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been amicably settled during the pendency of this revision petition, which is now reported before this Court by filing a joint memo, I am of the opinion that the revision petition is required to be disposed off in terms of the settlement arrived between 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 impugned judgment and order of conviction and sentence passed against her in CC

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NC: 2026:KHC:10000 CRL.RP No. 1170 of 2025

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HC-KAR

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No.6184/2019 dated 18.01.2024 passed by the Court of IV Addl. Small Cause Judge and ACMM, Court of Small Causes, Bengaluru, which is confirmed in Crl.A.No.334/2024 by judgment and order dated 23.07.2025 passed by the Court of LII Addl. City Civil and Sessions Judge, Bengaluru, are set-aside.

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(iii) The petitioner is acquitted of the offence punishable under Section 138 of the N. I. Act and her bail bonds, if any, stands cancelled.

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(iv) Respondent/complainant is permitted to withdraw the amount of Rs.2,02,000/- deposited by the petitioner before the Trial Court.

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(v) In the event, the post-dated cheque issued under the joint memo to the respondent is dishonoured, respondent/complainant is at liberty to file necessary application before this Court to recall/review this order.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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DN List No.: 1 Sl No.: 0

Smt. Denissa Prakash v. Usha T R

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Smt. Denissa Prakash v. Usha T R

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