M. Shakshavali vs B.J. Vishalakshi W/O. B.J. Srinivasa Setty

S. Vishwajith Shetty, J

Petitioner is before this Court in this Criminal Revision petition filed under Section 438 read with 442 of BNSS 2023 with a prayer to set aside the judgment and order of conviction and sentence passed by the Civil Judge and JMFC Court, Siruguppa in CC No.827 of 2018 dated 04.09.2023, which is confirmed in Criminal Appeal No.33 of 2024 by the IV Additional District and Sessions Judge (Exclusive dedicated Commercial Court) at Ballari, by judgment and order dated 19.11.2024.

Heard the learned counsel for the parties.

Petitioner was convicted for the offence punishable under Section 138 of Negotiable Instruments Act by the Civil Judge and JMFC Court, Siruguppa in CC No.827 of 2018 by judgment and order dated 04.09.2023, which is confirmed in Criminal Appeal No.33 of 2024 by the IV Additional District and Sessions Judge (Exclusive dedicated Commercial Court) at Ballari, by judgment and order dated 19.11.2024. It is under these circumstances, petitioner is before this Court.

Learned counsel for the parties jointly submit that the dispute between the parties has been now settled and the parties before the Court have filed a compromise petition reporting settlement. They submit that in view of the settlement arrived between the parties, this criminal revision petition may be disposed of in terms of the settlement and consequently, the petitioner may be acquitted of the alleged offence.

The parties who are present before this Court are identified by their respective advocates. The compromise petition filed before this Court dated 26.09.2025, which is signed by the parties and by their respective advocates is taken on record.

In paragraph nos.4 to 10 of the compromise petition, it is stated as follows:

“4. That, by the advice of elderly members, the matter between the petitioner and respondent is amicably settled and the petitioner had paid the entire amount to the respondent. Hence the petitioner and respondent intending to file the present compromise petition in pursuance of the amicable settlement.

That, both the parties have agreed to compromise the case for total amount of Rs. 1,90,111/- towards full and final settlement.

That, the present petitioner has already deposited an amount of Rs.40,000/- before the trial Court on 01-08-2024 (receipt No.28704). The petitioner had no objection to release the said deposited amount to the respondent along with interest if any and is part of the final settled amount.

The petitioner has already paid the remaining balance amount of Rs.1,50,111/- to the respondent and the respondent received the same. The deposited amount of Rs.40,000 and Rs.1,50,111/- amounts to total agreed amount.

That, the petitioner as agreed had paid the entire amount to the respondent and the same was received by the respondent as full and final settlement. There is no any further payment due on part of the petitioner.

The respondent also agrees and submits that, there is no any claim with respect to the present dispute and cheque in dispute and is fully satisfied with the payment made by the present petitioner. There remains no any further claim from respondent.

That the respondent also agreed that, there is no any objection in allowing the present petition by setting aside the judgment of conviction and order sentence passed by the trial Court bearing C.C.No.827/2018, dated 04-09-2023, on the file of Civil Judge and JMFC, Court, Siruguppa.”

The respondent who is present in person before the Court has stated that she has received a sum of ₹1,50,111/- in cash from the petitioner. The offence for which the petitioner has been convicted and sentenced by the trial Court, is compoundable in nature. In view of the settlement arrived between the parties, the Revision Petition is required to be disposed of in terms of the settlement which is reduced into writing in the compromise petition dated 26.09.2025 filed before this Court.

Accordingly, the following order:

ORDER

(i) The criminal revision petition is allowed.

(ii) The judgment and order of conviction and sentence passed by the Civil Judge and JMFC Court, Siruguppa in CC No.827 of 2018 dated 04.09.2023, which is confirmed in Criminal Appeal No.33 of 2024 by the IV Additional District and Sessions Judge (Exclusive dedicated Commercial Court) at Ballari, by judgment and order dated 19.11.2024 are set aside, and the petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instrument Act.

(iii) His bail bond stands cancelled.

(iv) The respondent is permitted to withdraw the amount of Rs.40,000/- deposited by the petitioner before the trial Court after due identification.