IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1531 OF 2023

(397(Cr.PC) / 438(BNSS))

BETWEEN:

M/S SUNRISE MARKETING,

NO. 81, B BLOCK,

GROUND FLOOR, 2ND CROSS,

SITHANKUDI STREET,

PUDUCHERRY - 605 013.

REPRESENTED BY ITS PROPRIETOR

RAJAT SURANA.

…PETITIONER

(BY SRI. V AKSHAY KUMAR JAIN., ADVOCATE)

AND:

Digitally

signed by M/S STOVEKRAFT PRIVATE LIMITED

KAVYA R NO.81, HARAHALLI INDUSTRIAL AREA,

Location: KANAKAPURA TALUK,

High court

RAMANGARA DISTRICT,

of Karnataka

BANGALORE RURAL - 562 112.

REPRESENTED BY ITS SIGNATORY,

GURURAJ.M.

…RESPONDENT

(BY SRI. S.F.GOUTAM CHAND., ADVOCATE)

THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE

ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT DATED 08.09.2023 IN CRL.APPEAL NO.28/2023

PASSED BY THE LV ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND JUDGMENT DATED 05.12.2022 IN CRIMINAL CASE NO.2751/2019 PASSED BY THE HONBLE XXXVIII A.C.M.M BENGALURU.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Petitioner is before this Court in this Criminal revision petition filed under Section 397 read with Section 401 of Cr.PC, with a prayer to set aside the judgment and order of conviction and sentence passed in C.C.No.2751/2019 by order dated 05.12.2022 by the Court of XXXVIII Additional Chief Metropolitan Magistrate, Bengaluru, which was confirmed in Crl.A.No.28/2023 by judgment and order dated 08.09.2023 by the Court of LV Additional City Civil and Sesssions Judge, Bengaluru.

2. Learned counsel for the petitioner and learned counsel for the respondent jointly submit that dispute between the parties has been amicably settled and towards full and final settlement of the amount covered under the cheque-in-question, the respondent/complainant has agreed to receive a sum of Rs.7,30,000/- (Rupees Seven Lakhs Thirty Thousand only) from the petitioner. They submit that an amount of Rs.4,01,773/- (Rupees Four Lakhs One Thousand Seven Hundred and Seventy Three only) which was deposited by the petitioner has been already withdrawn by the respondent/complainant. They also submit that amount of Rs.50,000/- (Rupees Fifty Thousand only) which was earlier paid by the petitioner to the respondent is adjusted towards the settlement payment in the present case and towards the balance amount of Rs.2,78,227/- (Rupees Two Lakhs Seventy Eight Thousand Two Hundred and Twenty Seven only) the petitioner has issued a demand draft dated 08.01.2025 drawn on Bank of Baroda, Pondicherry bearing No.869625 in favour of the respondent/complainant.

3. The said submission placed on record.

4. The parties who are present before the court are identified by their respective advocates. It is stated that settlement arrived between the parties is voluntary without there being any interference or coercion.

5. The joint memo filed by the parties is taken on record. The same is signed by the parties and by their respective advocates. In paragraph Nos.2 to 7 of the joint memo, it is stated as follows:

"2. Upon the intervention of well-wishers, the present dispute has been settled amicably between us for a sum of Rs.7,30,000/-(Rupees Seven Lakhs Thirty-Thousand Only).

3. The Respondent, by way of an order dated 20.02.2025 was permitted to withdraw the amount of Rs.4,01,773/- (Rupees Four Lakhs One Thousand Seven Hundred and Seventy-Three Only) available on the file of the 38th Additional Chief Metropolitan Magistrate, Bangalore. The Complainant submits no objection to this amount being withdrawn by the Respondent, if done so.

4. The Respondent retains a security deposit of Rs.50,000/-(Rupees Fifty Thousand Only) made by the Petitioner earlier. The same is to be adjusted towards the settlement payment.

5. The balance of Rs.2,78,227/- (Rupees Two Lakhs Seventy-Eight Thousand Two Hundred and Twenty- Seven Only) is being paid