Allowed

Gokulan K v. M Arjunan

Karnataka HC19 Feb 2026CRL.RP/1389/2024

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision petition challenging conviction under Section 138 of the NI Act. The parties had settled the dispute before the Mediation Centre. The Court set aside the impugned conviction and acquittal, allowing withdrawal of deposited amounts.

What did the court decide?

Impugned judgments set aside; petitioner acquitted of offence under Section 138 of the NI Act; deposit permitted to be withdrawn.

Gokulan K Vs M Arjunan — Cheque Dishonour | Karnataka HC (2026)

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NC: 2026:KHC:10423 CRL.RP No. 1389 of 2024

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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 FEBRUARY, 2026 BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1389 OF 2024

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BETWEEN:

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GOKULAN K S/O KRISHNA ACHARYA AGED ABOUT 63 YEARS RESIDING AT NO.33 10TH CROSS, PIPELINE ROAD VIJAYANAGAR BENGALURU - 560 023 AND ALSO AT G.K. ENGINEERING NO.B - 192, 5TH MAIN ROAD PEENYA INDUSTRIAL AREA BENGALURU - 560058 ALSO AT "BALAJI NIALYA" SRI LAKSHMI VENKATESHWARA NO.230/1-C 5TH MAIN ROAD SERVICE ROAD, PEENYA INDUSTRIAL AREA BENGALURU - 560 058.

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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 MAHESH KUMAR H, ADV.)

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AND:

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M. ARJUNAN S/O LATE MURUGAN AGED ABOUT 76 YEARS RESIDING AT NO.18/1 12TH CROSS GANESHA TEMPLE ROAD CHOLUR POALYA, BENGALURU - 560 023.

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…RESPONDENT

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(BY SRI NAIK RAMACHANDRA RAMA, ADV.)

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THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIE THE JUDGEMENT DTD 19.08.2024 PASSED BY THE LEARNED LXVI ADDITIONAL CITY AND SESSIONS JUDGE AT BANGALORE IN CRL.A.NO.679/2022 AND THE JUDGEMENT

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NC: 2026:KHC:10423 CRL.RP No. 1389 of 2024

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HC-KAR

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DTD 02.03.2022 IN CC.NO.13769/2020 PASSED BY THE LEARNED XXIII ACMM AT BENGALURU.

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THIS PETITION, COMING ON FOR FINAL HEARING, 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 petition filed under Sections 397 read with 401 of Cr.PC with a prayer to set aside the judgment and order of conviction and sentence dated 02.03.2022 passed in CC.No.13769/2020 by the Court of XXIII Addl. Chief Metropolitan Magistrate, Bengaluru, and the judgment and order dated 19.08.2024 passed by the Court of LXVI Addl. City Civil & Sessions Judge, Bengaluru, in Crl.A.No.679/2022.

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Learned Counsel for the parties jointly submit that during the pendency of this revision petition, parties have settled their dispute before the Mediation Centre at Bengaluru and the Memorandum of Settlement executed by the parties before the Mediation Centre on 12.02.2026 is placed on record. They submit that in view of the settlement between the parties, this

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NC: 2026:KHC:10423 CRL.RP No. 1389 of 2024

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HC-KAR

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revision petition may be disposed of in terms of the settlement and the impugned judgment and order of conviction passed against the petitioner may be set aside.

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The aforesaid submissions are placed on record. The Memorandum of Settlement dated 12.02.2026 executed by the parties before the Mediation Centre at Bengaluru is taken on record. The same is signed by the parties as well as by their learned Advocates. In paragraph no.II of the said Memorandum of Settlement, it is stated as under:

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"II. The aforesaid revision petition was referred to mediation for resolving the dispute between the parties. During the court of mediation, they have resolved their dispute and have agreed to the following terms and conditions:

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1. Both the parties have agreed that they have come to a settlement of Rs.8,00,000/- to be paid and in that view the petitioner has already paid a sum of Rs.3,00,000/- (Rupees Three Lakh Only) before the XXIII ACMM, Bengaluru and Rs.4,00,000/- deposited in the Hon'ble Court shall be withdrawn by the respondent/complainant and Rs.1,00,000/- has already been paid to the respondent/complainant and the respondent

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4 - NC: 2026:KHC:10423 CRL.RP No. 1389 of 2024

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HC-KAR

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acknowledged the receipt of the same between them.

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2. The respondent has not issued and cheques to the petitioner and if he holds it that shall not to initiated to prosecute against them.

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3. Apart from the above both the parties state that there are no other claims."

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In view of the aforesaid, this criminal revision petition is required to be disposed of in terms of the Memorandum of Settlement and the judgment and order of conviction and sentence passed against the petitioner by the courts below is required to be set aside. Accordingly, the following order:

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Criminal revision petition is allowed. The judgment and order of conviction and sentence dated 02.03.2022 passed in CC.No.13769/2020 by the Court of XXIII Addl. Chief Metropolitan Magistrate, Bengaluru, and the judgment and order dated 19.08.2024 passed by the Court of LXVI Addl. City Civil & Sessions Judge, Bengaluru, in Crl.A.No.679/2022, are

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set aside. Petitioner is acquitted of the offence punishable under Section 138 of the N.I.Act. His bail bonds, if any, stands

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NC: 2026:KHC:10423 CRL.RP No. 1389 of 2024

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HC-KAR

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cancelled. The respondent is permitted to withdraw the amount of Rs.4 lakhs deposited by the petitioner before the Trial Court.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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Gokulan K v. M Arjunan

Case brief

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Gokulan K v. M Arjunan

Case brief

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