Sri Appayanna N v. Sri Abdul Aleem

((((((((((((HC-KAR, NC:(2026:KHC:45433( CRL.RP(No.(517(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010218522026( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(24 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(VENKATESH(NAIK(T(

CRIMINAL(REVISION(PETITION(NO.517(OF(2026(( ( BETWEEN:(( ( , SRI,APPAYANNA,N.,

S/O,LATE,NARAYANAPPA,, AGED,ABOUT,76,YEARS,, RESIDING,AT,NO.983,,,VIJINAPURA,,, DOORAVANI,NAGAR,POST,, BENGALURU-560,016.,

…PETITIONER, ,,,,,,,(BY,SRI,K.,VISHWANATHA,,ADVOCATE), AND:( ( , SRI,ABDUL,ALEEM, S/O.,LATE,ABDUL,RASHEED,,

AGED,ABOUT,75,YEARS,, RESIDING,AT,SKYLINE,MANOR,APARTMENT,, FLAT,NO.003,,NO.7,,BRIDE,STREET,,, LANGFORD,ROAD,,RICHMOND,TOWN,,, Digitally BENGALURU-560,025.,signedtiby ,…RESPONDENT,RAKSHA ,

,,,,,,,(BY,SMT.,ASHA,K.,,ADVOCATE,,FOR,SRI,SRINIVASAN,V.),Location: ,High0Court *,,,*, ,*, ,of0Karnataka , THIS, CRIMINAL, REVISION, PETITION, IS, FILED, UNDER, SECTION, 397, READ, WITH, 401, OF, THE, CODE, OF, CRIMINAL, PROCEDURE,, 1973,, PRAYING, TO, SET, ASIDE, THE, JUDGMENT, OF, CONVICTION, AND, SENTENCE, PASSED, BY, THE, XV, ADDITIONAL, SMALL, CAUSES, JUDGE, AND, XXIII, ADDITIONAL, CHIEF, JUDICIAL, MAGISTRATE,,MAYO,HALL,UNIT,,AT,BENGALURU,,IN,CRIMINAL,CASE, NO.51277,OF,2021,DATED,03.07.2024,AND,THE,JUDGMENT,OF,THE, LXXIII,ADDITIONAL,CITY,CIVIL,AND,SESSIONS,JUDGE,,MAYO,HALL, UNIT,, BENGALURU, CITY, (CCH-74), IN, CRIMINAL, APPEAL, NO.25283, OF, 2024, DATED, 24.01.2026,, FOR, THE, OFFENCE, UNDER, SECTION, 138,OF,THE,NEGOTIABLE,INSTRUMENTS,ACT,,1881,,BY,ALLOWING, THE,CRIMINAL,REVISION,PETITION,,AND,ACQUIT,THE,PETITIONER/, ACCUSED.,,

THIS CRIMINAL REVISION PETITION IS COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL ORDER The petitioner, the respondent and their respective learned counsel are present.

¶2This revision petition is filed by the petitioner-accused seeking to set aside the judgment of conviction and order on sentence dated 03.07.2024 passed by the XV Additional Small Causes Judge and XXIII Additional Chief Judicial Magistrate, Court of Small Causes, (SCCH-19), Mayo Hall Unit, Bengaluru, in Criminal Case No.51277 of 2021 which was upheld by the LXXIII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru (CCH-74), in Criminal Appeal No.25283 of 2024 dated 24.01.2026, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

¶3During pendency of the revision petition, the parties have settled their dispute and have filed a joint memo, which reads as under:

"JOINT MEMO

THE PETITIONER/ACCUSED AND

COMPLAINANT/RESPONDENT IN THE

ABOVE CASE HEREBY SUBMITS AS

FOLLOWS:

¶1That the above-named complainant/respondent has filed case before Trial court against the petitioner/accused person under section 138 of NI act.

¶2It is further submitted that due to interfere of the friends and well-wisher of the both complainant/respondent and accused/petitioner in the above case is settled outside the court as stated below.

¶3It is further submitted that the above case is settled for a sum of Rs.3,00,000/- (Rupees Three lakhs only). As per the settlement, the petitioner/accused today paid before this Hon'ble court for sum of Rs.73,500/- (Rupees seventy-three five hundred only) the remaining amount of Rs.2,26,500/- (Rupees Two Lakhs Twenty-six thousand five hundred only) was the petitioner/accused is already deposited before Trial court as per the direction this Hon'ble court and 1st Appellate court said amount to be order for release in favour of respondent/complainant, the accused/petitioner is no objection to receive the said amount by the complainant/respondent, for which both the parties have agreed and settled the matter amicably.

WHEREFORE, the petitioner/accused and respondent/complainant prays before this Hon'ble court is pleased to consider and record this joint memo and dispose the case in terms of Joint memo and consequently acquitted the accused/petitioner, in the interest of justice."

¶4Both the parties submit that they have settled their dispute and there is no due. Hence, the joint memo is accepted. Accordingly, the Court proceeds to pass the following O R D E R i. The criminal revision petition is allowed. ii. The judgment of conviction and order on sentence dated

03.07.2024 passed by the XV Additional Small Causes Judge and XXIII Additional Chief Judicial Magistrate, Court of Small Causes, (SCCH-19), Mayo Hall Unit, Bengaluru, in Criminal Case No.51277 of 2021 and upheld by the LXXIII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru (CCH-74), in Criminal Appeal No.25283 of 2024 dated 24.01.2026 are hereby set aside. iii. The petitioner-accused is acquitted of the offence punishable under Section of the Negotiable Instruments Act, 1881.

iv. Amount in deposit, if any, before the trial Court shall be disbursed to the respondent-complainant, on proper identification. v. Bail bond of the petitioner-accused, if any, stands cancelled. In view of the disposal of the revision petition, pending interlocutory application, if any, shall stand dismissed.

Sd/- (VENKATESH NAIK T) JUDGE

KVK List No.: 1 Sl No.: 76