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CDJ 2026 Kar HC 177 print Preview print print
Court : High Court of Karnataka
Case No : Criminal Revision Petition No. 297 Of 2026
Judges: THE HONOURABLE MR. JUSTICE S. VISHWAJITH SHETTY
Parties : M. Santhosh Kumar Versus G.N. Channakrishnappa
Appearing Advocates : For the Petitioner: M. Kumar, Advocate. For the Respondent: R.A. Nagendra, Advocate.
Date of Judgment : 18-02-2026
Head Note :-
Negotiable Instruments Act, 1881 - Section 147 -

Comparative Citation:
2026 KHC 9910,
Judgment :-

(Prayer: This Crl.RP is filed u/S 397 r/w 401 Cr.P.C (u/S 438 r/w 442 BNSS) by the advocate for the petitioner praying that this Hon'ble Court may be pleased to a) allow the petition and set aside the order dated 27.09.2025 passed by the Hon'ble I Addl. District and Sessions Judge, at Chikkaballapura in Crl.A.No.7/2025.)

Oral Order

1. Accused is before this Court in this Criminal revision petition filed under Section 438 read with Section 442 of BNSS, 2023 with a prayer to set aside the judgment and order of conviction and sentence passed by the Court of the Principal Senior Civil Judge and CJM, Chikkaballapura dated 27.11.2024 in C.C.No.439/2023 and the judgment and order passed in Crl.A.No.7/2025 dated 27.09.2025 by the Court of I Additional District and Sessions Judge, Chikkaballapura.

2. Heard the learned counsel for the parties.

3. Learned counsel for the parties jointly submit that dispute between the parties has been amicably settled and the respondent/complainant has agreed to receive a total sum of Rs.2,25,000/- (Rupees Two Lakhs Twenty Five Thousand only) from the petitioner towards full and final settlement of the amount covered under the cheque-in-question.

4. They submit that settlement between the parties is voluntary without there being any undue influence or coercion and an application under Section 147 of the Negotiable Instruments Act, 1881 (for short 'N.I.Act') read with Section 359 of BNSS, 2023 is filed before this Court with a prayer to permit the parties to compound the offence for which petitioner has been convicted and sentenced by the Courts below.

5. Respondent who is present in person before the Court is identified by his learned advocate. The respondent has acknowledged receipt of Rs.2,25,000/- (Rupees Two Lakhs Twenty Five Thousand only) from the petitioner in cash. The application filed under Section 147 of the N.I.Act is signed by the respondent as well as by the learned counsels appearing for the parties. Petitioner is said to be in judicial custody. The application filed under Section 147 of the N.I.Act is taken on record and in paragraph Nos.1 and 2 of the application, it is stated as follows:

          "1. It is submitted that since the petitioner is in judicial custody the advocate for petitioner having approached the respondent and with the intervention of the well-wishers, the family members of the petitioner intends to settle the matter amicably and he has offered to clear the amount mentioned below to the respondent as a full and final settlement in the above.

          2. It is submitted that the respondent has accepted the offer made by the advocate for the petitioner on the assurance given by the petitioner. It is submitted that the subject matter of the cheque amount is Rs.3,00,000/-(Rupees Three Lakhs only) but the parties agreed to settle the matter for Rs.2,25,000/- (Rupees Two Lakhs Twenty Five Thousand only) and accordingly the petitioner has paid Rs.2,25,000/- (Rupees Two Lakhs Twenty Five Thousand only) by way of cash to the respondent as a full and final settlement and the respondent has acknowledged the receipt of the same before this Hon'ble court."

6. Considering the fact that dispute between the parties has been amicably settled during the pendency of this petition, I am of the opinion that the prayer made by the parties to permit them to compound the offence for which petitioner has been convicted and sentenced by the Courts below needs to be granted and consequently, the impugned judgment and order of conviction and sentence passed by the Courts below needs to be set aside. Accordingly, the following:

ORDER

          i. Application filed under Section 147 of the N.I.Act is allowed and the parties are permitted to compound the offence for which petitioner has been convicted and sentenced by the Courts below.

          ii. Consequently, the judgment and order of conviction and sentence passed against the petitioner by the courts below are set aside and he is acquitted of the offence punishable under Section 138 of the N.I.Act.

          iii. The Prison Authorities are directed to forthwith release the petitioner from custody.

          Hand delivery is permitted.
 
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