Karnataka High Court
CRL.RP/947/2026 of M/S. B.S. ENGINEERING WORKS Vs SRI. C.D.PONNAPPA, on 23 September 2026
CNR: KAHC010390112026 NC: 2026:KHC:52747 CRL.RP No. 947 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MRS. JUSTICE GEETHA K.B. CRIMINAL REVISION PETITION NO. 947 OF 2026 BETWEEN: 1. M/S. B.S. ENGINEERING WORKS PROPRIETOR,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MRS. JUSTICE GEETHA K.B.
CRIMINAL REVISION PETITION NO. 947 OF 2026
BETWEEN:
1.
M/S. B.S. ENGINEERING WORKS
PROPRIETOR,
SRI. BALASUBRAMANI,
NO.33, 2ND MAIN,
CHINNAMMA LAYOUT,
MARUTHINAGAR, MADIWALA
BENGALURU - 560 068.
2.
SRI. BALASUBRAMANI,
S/O. K. KRISHNAN,
AGED ABOUT 52 YEARS,
R/AT.NO. 15, 4TH MAIN,
LINK ROAD, COCONUT GARDEN,
MADIWALA, BENGALURU - 560 068.
…PETITIONERS
(BY SMT. VARALAKSHMI P, ADVOCATE)
AND:
SRI. C.D. PONNAPPA,
S/O. LATE C.A. DAVAIAH,
AGED ABOUT 61 YEARS,
R/AT.NO. 106, 12TH MAIN,
1ST STAGE, BTM LAY OUT,
BENGALURU - 560 029
…RESPONDENT
(BY SRI. SUDHAKARA K.G, ADVOCATE)
K B GEETHA
HC-KAR
THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC (FILED
U/S 438 R/W 442 BNSS) PRAYING TO 1. SET ASIDE THE
JUDGEMENT PASSED BY THE HONBLE LXVII ADDL. CITY CIVIL
AND SESSIONS JUDGE, BENGALURU CITY, CCH-68, VIDE
JUDGEMENT DTD 02.06.2026 FOR THE OFFENCES P/U/S 138
OF NEGOTIABLE INSTRUMENTS ACT AND ACQUIT THE
APPELLANT ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE GEETHA K.B.
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ORAL ORDER
Both the parties and their respective counsels are present and files joint memo.
2. The relevant portion of joint memo is extracted as follows: "The petitioners and the respondent has arrived at a settlement.
According to the said settlement the petitioner has to pay the respondent a sum of Rs.8,40,000/- towards the settlement of the cheque amount in question.
The petitioner has already paid Rs.3,40,000/- (Three lakhs forty thousand only) in favour of the respondent before the Hon'ble City Civil & Session Judge, at Bengaluru CCH-68. Hence today he is paying the remaining balance of Rs.5,00,000/- (Five lakhs only) in favour of the respondent through D.D.No.632045,
K B GEETHA
HC-KAR
drawn on Bank of Baroda, John Nagar, Bengaluru towards full and final settlement of Rs.8,40,000/- (Eight lakhs forty thousand only).
The respondent has handed over the two cheques belonging to the petitioner of Bank of Baroda, Koramangala Branch, Bengaluru to the petitioner.
The respondent has acknowledged the DD of Rs.5,00,000/- received today before this Hon'ble Court and admitted the receipt of Rs.3,40,000/- paid in his favour before the City Civil & Sessions Judge, at Bengaluru."
3. The respondent/complainant reports the receipt of demand draft for a sum of Rs.5,00,000/- (Rupees Five lakhs only) from the revision petitioner/accused today. He has already received Rs.3,40,000/- (Rupees Three lakhs forty thousand only) during pendency of the criminal appeal.
4. On enquiry and perusal of joint memo, it is noticed that the settlement between parties is voluntary and lawful one. Hence, the joint memo is accepted.
K B GEETHA
HC-KAR
5. The criminal revision petition is disposed of in terms of joint memo.
6. In view of settlement arrived between the parties, the judgment of conviction dated 12.06.2023 passed in CC No.4939/2021 on the file of XIII Addl. Chief Metropolitan Magistrate, Bengaluru, which is confirmed in the judgment dated 02.06.2026 passed in Criminal Appeal No.895/2023 on the file of LXVII Addl. City Civil and Sessions Judge, Bengaluru City, (CCH-68) are set aside and the revision petitioner/accused is acquitted of the offence punishable under Section 138 of Negotiable Instruments Act, 1881.
(GEETHA K.B.) JUDGE
SSD List No.:1 Sl No.:13
K B GEETHA