Sri Mohammed Mohisin Vs Sri Abdul Faaz Ulla

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NC: 2026:KHC:20868 CRL.RP No. 1848 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION No.1848 OF 2025

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BETWEEN:

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SRI MOHAMMED MOHISIN S/O. MOHAMMED ANWAR AGED ABOUT 48 YEARS R/AT.NO.3313/2, M-16 6^TH CROSS, KABIR TEMPLE ROAD EEDIGA 2, MANDIMOHALLA MYSURU-570 009.

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…PETITIONER

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(BY SRI GAURAV SUBRAMANYAM, ADVOCATE)

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AND:

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Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

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SRI ABDUL FAAZ ULLA S/O. LATE ABDUL KHAALAK AGED ABOUT 46 YEARS R/AT NO.2908, MUMTHAAB BHOOTH ROAD, MANDI MOHALLA MYSURU-570 009.

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…RESPONDENT

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(BY SRI SAMPATH KUMAR, A. V., ADVOCATE)

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THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE JUDGMENT DATED 08.11.2024 IN C.C.NO.1299/2020 PASSED BY THE III J.M.F.C COURT AT MYSURU AND THE DISMISSAL ORDER DATED 04.09.2025 PASSED BY THE HON’BLE I ADDITIONAL DISTRICT AND SESSIONS JUDGE COURT AT MYSURU IN CRL.A.NO.412/2024 AND ACQUIT THE ABOVE PETITIONER.

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NC: 2026:KHC:20868 CRL.RP No. 1848 of 2025

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HC-KAR

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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 V SRISHANANDA

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ORAL ORDER

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Joint memo filed which reads as under:

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“The Petitioner and Respondent respectfully jointly submits as follows:

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1. It is jointly submitted that the respondent filed a Private complaint U/s 200 CrPC for the offences P/u/s 138 of NI Act before the III JMFC Court at Mysore in C.C No.1299/2020 and after the trial the learned magistrate convicted the petitioner for the offence p/u/s 138 OF NI Act and sentenced to pay fine of Rs.5,00,000/- and in default the petitioner was directed to undergo simple imprisonment for a term of 6 months further the petitioner challenged the judgement of conviction before the first appellate court in Crl appeal No.412/2024 before the I Additional District and Sessions judge court at Mysore and deposited 20% of the fine amount and further there also the learned sessions judge confirmed the order of conviction passed by the lower court by dismissing the aforesaid appeal.

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2. It is jointly submitted that The Petitioner preferred the above-mentioned Criminal revision Petition before this Hon'ble Court challenging the orders passed by the sub ordinate courts and seeked for suspension of sentence and this Hon’ble Court suspended the sentence of the

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NC: 2026:KHC:20868 CRL.RP No. 1848 of 2025

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HC-KAR

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petitioner by imposing certain conditions. And the matter is now pending consideration before the Hon’ble High Court.

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3. It is jointly submitted that in the mean-time on the advice of elders and well-wishers the Petitioner and the Respondent in good faith and to resolve the disputes amicably have agreed to settle all disputes, differences, claims and/or counter-claims, as have and/or may have arisen amongst them under or in relation to the impugned Complaint.

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4. It is jointly submitted that the Petitioner have agreed amicably to pay a sum of Rs.4,75,000/-to the Respondent as the full and final settlement which is including the 20% of the amount deposited before the trial court and further the petitioner is making a payment of Rs.1,50,000/-By way of cash today to the respondent and remaining balance amount of Rs 2,25,000/- will be paid to the respondent in 3 installments within a period of 1 year ie., (75,000 X 3) 16/8/26, 16/12/26 & 16/4/27 and in addition to the to that the petitioner is issuing three post dated cheques bearing number 65931, 65932, 65933 drawn on Canara Bank, Saraswathipuram Branch Mysore as a security. And after completion of the aforesaid payment the respondent have agreed to return all the three Cheques to the custody of the petitioner. accordingly in agree that they will not prefer any criminal or civil proceedings against each other arising from the impugned Complaint.

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NC: 2026:KHC:20868 CRL.RP No. 1848 of 2025

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HC-KAR

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5. The petitioner has also agreed to pay the respondent as incorporated in the joint memo and it is also submitted that if the petitioner fails to pay the installments the order of conviction rendered by the trial court and confirmed by the appellate court may be revived In light of the above settlement arrived between the parties, it is respectfully prayed that the Criminal revision Petition be allowed and This court be pleased to set aside the aforesaid judgement of conviction.

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WHEREFORE, it is prayed that this Hon'ble Court may be pleased to take the joint compromise memo on record and ALLOW the settlement between the Petitioner and Respondent and also also set-aside the Judgement dated 08-11-2024 in C.C.No.1299/2020 passed by the III JMFC Court at Mysore and the dismissal order dated 04/09/2025 passed by the Hon'ble I Addl District and Sessions Judge Court at Mysore in Crl.A.No.412/2024, and Acquit the above petitioner, in the interest of justice.”

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Rs.1,50,000/- tendered by the revision petitioner to the respondent. Same is acknowledged in the order sheet.

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Placing the joint memo on record, revision petition stands disposed of.

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The amount in deposit is ordered to be withdrawn by the complainant under due identification, if not already withdrawn.

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5 - NC: 2026:KHC:20868 CRL.RP No. 1848 of 2025

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HC-KAR

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It is made clear that, if any one of the installment as agreed in the memo is not paid, revision petitioner shall undergo imprisonment as ordered by the learned Trial Magistrate confirmed by the learned Judge in the First Appellate

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Court.

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SD/(V SRISHANANDA) JUDGE

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kcm List No.: 3 Sl No.: 2

Sri Mohammed Mohisin v. Sri Abdul Faaz Ulla

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Sri Mohammed Mohisin v. Sri Abdul Faaz Ulla

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