Karnataka High Court
Criminal LawCivil Procedure and Evidence

A Section 138 revision may be disposed of in accordance with the parties’ voluntary settlement.

SRI SULTHAN SALAUDDIN vs SRI LAYEEQUR RAHAMAN KHAN

Karnataka High CourtJUDGMENT: September 29, 20262 MIN READSOURCE JUDGMENT
A Section 138 revision may be disposed of in accordance with the parties’ voluntary settlement.. SRI SULTHAN SALAUDDIN vs SRI LAYEEQUR RAHAMAN KHAN. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner challenged the appellate judgment dated 17 October 2025, which had affirmed his conviction under Section 138 of the Negotiable Instruments Act, 1881, in C.C. No. 18816/2019.

Source reference: pp. 1–2

While the revision was listed for admission, both parties appeared through counsel and filed a joint memo stating that they had settled their disputes.

Source reference: pp. 2–6

The memo addressed amounts deposited in the criminal case and a related civil appeal, as well as other pending proceedings between the parties.

Source reference: pp. 2–6

The respondent reported receiving a cheque for Rs. 14,60,000, dated 27 December 2026, towards full and final settlement.

Source reference: p. 6
02

Issues

1. Whether the Court should dispose of the revision in terms of the parties’ joint settlement.

Source reference: pp. 2, 6–7

2. Whether the respondent should be permitted to withdraw the amounts deposited before the trial Court and in RFA No. 997/2025.

Source reference: p. 7
03

Law Applied

The revision was brought under Sections 397 and 401 of the Code of Criminal Procedure, 1973, as reflected in the petition’s description.

Source reference: p. 1

The underlying conviction was under Section 138 of the Negotiable Instruments Act, 1881.

Source reference: pp. 1–2

The Court stated no statutory provision or precedent as the basis for its decision; it accepted the joint memo after finding, on enquiry and on perusal of the memo and record, that the settlement was voluntary and lawful.

Source reference: p. 6
04

Reasoning

The Court did not examine the merits of the Section 138 conviction.

Source reference: pp. 2, 6

Instead, both parties consented to final disposal on the basis of their settlement, and the respondent reported receipt of the settlement cheque.

Source reference: pp. 2, 6

Having found the settlement voluntary and lawful, the Court accepted the joint memo and gave effect to its terms by disposing of the revision and permitting withdrawal of the deposited amounts.

Source reference: pp. 6–7
05

Holding

The Court disposed of the revision in terms of the joint memo and permitted the respondent to withdraw the amounts deposited before the trial Court and in RFA No. 997/2025.

The order resolved the revision by settlement; it did not set aside the conviction on a merits-based determination.

Source reference: p. 7
06

Acts & Sections Cited

5 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.

Code of Criminal Procedure, 19732

Bharatiya Nagarik Suraksha Sanhita, 20232

Negotiable Instruments Act, 18811

Karnataka High Court

Original Court PDF

SRI SULTHAN SALAUDDINvsSRI LAYEEQUR RAHAMAN KHAN

Karnataka High Court · September 29, 2026

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