T B Venkataswamy Vs H M Chandrashekharaiah

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NC: 2026:KHC:1743 CRL.RP No. 194 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF JANUARY, 2026 BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 194 OF 2024

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BETWEEN:

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T.B. VENKATASWAMY S/O BHARAMAPPA AGED ABOUT 62 YEARS TEACHER (RETIRED) ADDRESS AS MENTIONED IN CR. APPEAL, GOVT HIGH SCHOOL ANJIGERE VILLAGE AND POST HARAPANAHALLI TALUK - 577 256 AFTER HIS RETIREMENT PRESENTLY R/AT NO. 695/7,2ND MAIN, 14TH CROSS KTJ NAGARA, DAVANAGERE - 577 006.

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…PETITIONER

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(BY SRI RAMAKRISHNA N, ADV., FOR SRI M.R. HIREMATHAD, 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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H.M. CHANDRASHEKHARAIAH S/O H.M. BASAVALINGAIAH AGED ABOUT 55 YEARS TEACHER, R/AT HEBBALU VILLAGE DAVANAGERE TALUK AND DISTRICT - 577 026.

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…RESPONDENT

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(BY SRI G.T. SUNKAPUR, ADV.)

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THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE LEARNED Ist ADDITIONAL SENIOR CIVIL JUDGE AND V ADDITIONAL MACT, DAVANAGERE IN C.C.NO.788/2014 DATED 11.07.2017 CONSEQUENTLY SET ASIDE THE ORDER PASSED BY THE 2nd ADDITIONAL DISTRICT AND SESSIONS JUDGE DAVANAGERE IN CRL.A.NO.80/2017 DATED 11.09.2023.

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

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NC: 2026:KHC:1743 CRL.RP No. 194 of 2024

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused/petitioner has filed this criminal revision petition under Sections 397 & 401 of Cr.PC with a prayer to set aside the judgment and order of conviction and sentence dated 11.07.2017 passed in CC.No.788/2014 by the Court of I Addl. Senior Civil Judge & JMFC, Davanagere, which is confirmed in Crl.A.No.80/2017 passed by the Court of II Addl. District & Sessions Judge, Davanagere, by judgment and order dated 11.09.2023.

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Learned Counsel for the petitioner and the learned Counsel for the respondent, jointly submit that the dispute between the parties has been amicable settled. The respondent/complainant has agreed to receive a total sum of Rs.3,10,000/- from the petitioner towards full and final settlement of the dispute between the parties. They submit that the parties have filed a joint memo before this Court and pray that the parties may be permitted to compound the alleged offence for which the petitioner has been convicted by the courts below.

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NC: 2026:KHC:1743 CRL.RP No. 194 of 2024

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HC-KAR

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The parties who are present before the Court in person,

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are identified by their respective learned Advocates. They submit that the settlement between the parties is voluntary without there being any undue influence or coercion. The joint memo filed in this petition is signed by the parties and also by their respective advocates. The joint memo dated 12.01.2026 is taken on record. In paragraphs 3 to 7 of the joint memo, it is stated as under:

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"3. That now the matter is settled between the parties for the amount of Rs.3,10,000/- (Three lakhs ten thousand only).

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4. That on 12.12.2025 the petitioner has paid Rs.50,000/. On 05.01.2026 paid Rs.40,000/-.

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5. The respondent has withdrawn the amount of Rs.1,30,000/- deposited by the petitioner after granting interim order by this Hon'ble Court.

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6. That the petitioner hereby undertakes that he will pay Rs.45,000/- in the third week of February 2026 and remaining Rs.45,000/- in the third week of March 2026, the respondent agreed to the same.

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7. That in view of the above the petitioner had already paid Rs.2,20,000/- and he has to pay remaining Rs.90,000/- in two instalments."

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NC: 2026:KHC:1743 CRL.RP No. 194 of 2024

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HC-KAR

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Petitioner herein is convicted in the present case for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The said offence is a compoundable offence. Having regard to the settlement arrived between the parties and also the prayer made by the parties in the joint memo filed by them, I am of the opinion that this criminal revision petition is required to be disposed of in terms of the settlement arrived at between the parties, and consequently, the judgment and order of conviction and sentence passed by the courts below needs 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 11.07.2017 passed in CC.No.788/2014 by the Court of I Addl. Senior Civil Judge & JMFC, Davanagere, which is confirmed in Crl.A.No.80/2017 passed by the Court of II Addl. District & Sessions Judge, Davanagere, by judgment and order dated 11.09.2023, are set aside. The petitioner is acquitted of the offence punishable under Section 138 of the N.I.Act. In the event the petitioner fails to pay the balance amount of Rs.90,000/- as undertaken

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