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Judgment
The petitioner has filed this revision petition under Sections 443 and 444 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to set aside the judgment of conviction and order on sentence dated 04.01.2025 passed by the Principal Civil Judge and J.M.F.C., Kunigal in C.C.No.262/2020 and confirmed vide order dated 12.08.2025 in Criminal Appeal No.06/2025 passed by the VII Additional District and Sessions Judge, Tumakuru.
The petitioner, respondents and their respective learned counsel are present and have filed a joint memo.
The contents of the said joint memo reads as under:
" 1. The above Criminal Revision Petition arises out of proceedings under Section 138 of the Negotiable Instruments Act, 1881, in respect of a cheque for ₹5,00,000/- (Rupees Five Lakhs only). The Trial Court convicted the Petitioner and imposed a fine of ₹5,25,000/-, out of which ₹5,20,000/- was ordered to be paid to the Respondent as compensation and ₹5,000/- to the State.
2.During the pendency of the appeal before the First Appellate Court, the Petitioner deposited 20% of the compensation amount, and during the pendency of the present Criminal Revision Petition before this Hon'ble Court, a further 40% of the compensation amount was deposited. Thus, in all, ₹3,12,000/- (Rupees Three Lakhs Twelve Thousand only), representing 60% of ₹5,20,000/-, has already been deposited.
3.During the pendency of the present Criminal Revision Petition, at the intervention of well-wishers and after mutual negotiations, the parties have amicably settled the entire dispute for a sum of ₹1,88,000/- (Rupees One Lakh Eighty-Eight Thousand only), towards full and final settlement.
4.The Petitioner has agreed to pay the aforesaid sum of ₹1,88,000/- to the Respondent, and the Respondent has agreed to accept the same in full and final settlement of all his claims arising out of the subject cheque and the proceedings thereon.
5.Upon payment of the aforesaid settlement amount, the Respondent shall have no further claim whatsoever against the Petitioner in respect of the subject matter of these proceedings.
6.The Respondent admits that certain cheques belonging to the Petitioner were earlier in the custody of his father. The Respondent undertakes that, if any such cheque is found or traced in future, it shall not be used, presented for encashment, or handed over to any third party, and shall be returned to the Petitioner, since all claims and transactions between the parties have been fully and finally settled
7.The Respondent has no objection to compounding of the offence and to setting aside the judgment of conviction and order of sentence passed against the Petitioner.
8.The parties submit that the settlement has been arrived at voluntarily, with their free consent and without any force, coercion or undue influence.
PRAYER
WHEREFORE, in view of the amicable settlement arrived at between the parties, the Petitioner and the Respondent jointly pray that this Hon'ble Court may be pleased to take this Joint Memo on record, permit compounding of the offence under Section 147 of the Negotiable Instruments Act, set aside the judgment of conviction and order of sentence and consequently acquit the Petitioner of the offence punishable under Section 138 of the Negotiable Instruments Act, in the interest of justice and equity."
In view of the joint memo, the petitioner has paid a sum of Rs.1,88,000/- to the respondent and the respondent acknowledges the same. Further, in view of the settlement arrived at between the parties, the amount in deposit shall be transmitted to the respondent. Accordingly, the joint memo is accepted.
In view of the settlement arrived at between the parties, the judgment of conviction and order on sentence dated 04.01.2025 passed by the Principal Civil Judge and J.M.F.C., Kunigal in C.C.No.262/2020 and confirmed vide order dated 12.08.2025 in Criminal Appeal No.06/2025 passed by the VII Additional District and Sessions Judge, Tumakuru, is hereby set aside.
The amount in deposit before the trial Court, shall be disbursed to the respondent on proper identification.
Learned counsel for the petitioner has no objection to disburse the said amount to the respondent.
Accordingly, the Criminal Revision Petition is disposed of.
In view of disposal of the Criminal Revision Petition, all pending I.A's, shall stand disposed of.