1. This Criminal Revision Petition under Section 397 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C') has been filed challenging the judgment and order of conviction and sentence passed by the Court of XXV Additional Chief Metropolitan Magistrate, Bengaluru (for short the 'Trial Court) in C.C.No.7353/2013 dated 28.03.2016 and the judgment and order passed by the LXV Additional City Civil and Sessions Judge, Bengaluru (for short the 'Appellate Court') in Crl.A.No.518/2016 dated 28.02.2019.

2. Learned counsel appearing for the parties jointly submit that the dispute between the parties has been amicably settled during the pendency of this revision petition and a joint memo has been filed which has been signed by the parties and their respective advocates. The said memo dated 28.10.2021 which was filed before this Court on 14.02.2023 is taken on record. The terms of joint memo reads as follows:

"JOINT MEMO

The petitioner and respondent in the above case at intervention of well-wishers have amicably settled the dispute between them and accordingly the terms of the settlement is reduced into writing through a Joint Memo, which is as under:

1. Both the parties agree that the Petitioner shall pay Rs.70,00,000/- (Rupees Seventy Lakhs Only) to the Respondent towards FULL & FINAL SETTLEMENT between the parties. The Respondent shall not seek any additional amount apart from Rs.70,00,000/- (Rupees Seventy Lakhs Only) from the petitioner and shall not have any further claim against the petitioner.

2. The Petitioner has paid Rs.5,00,000/- (Rupees Five Lakhs Only) through RTGS to the Respondent on 05/10/2021 and shall pay balance amount of Rs.65,00,000/- (Rupees Sixty Five Lakhs Only) to the Respondent in the following manner;

a. Rs.20,00,000/- (Rupees Twenty Lakhs Only) through Cheque bearing No.018437 dated 25/10/2021 drawn on Axis Bank Limited, Tavarekere Branch, Bangalore.

b. Rs.10,00,000/- (Rupees Ten Lakhs Only) through Cheque bearing No.018438 dated 15/12/2021 drawn on Axis Bank Limited, Tavarekere Branch, Bangalore.

c. Rs.10,00,000/- (Rupees Ten Lakhs Only) through Cheque bearing No.018439 dated 28/12/2021 drawn on Axis Bank Limited, Tavarekere Branch, Bangalore.

d. Rs.10,00,000/- (Rupees Ten Lakhs Only) through Cheque bearing No.018440 dated 18/01/2022 drawn on Axis Bank Limited, Tavarekere Branch, Bangalore.

e. Rs.10,00,000/- (Rupees Ten Lakhs Only) through Cheque bearing No.018441 dated 27/01/2021 drawn on Axis Bank Limited, Tavarekere Branch, Bangalore.

f. Rs.5,00,000/- (Rupees Five Lakhs Only) through Cheque bearing No.018437 dated 25/10/2021 drawn on Axis Bank Limited, Tavarekere Branch, Bangalore.

3. The Respondent admits the receipt of the aforesaid Cheques from the Petitioner. It is further agreed between the parties that the petitioner has no objection for the respondent to withdraw Rs.5,00,000/- (Rupees Five Lakhs Only) deposited in Criminal Appeal No.518/2016 and Rs.13,62,000/- (Rupees Thirteen Lakhs Sixty Two Thousand Only) in the above petition before this Hon'ble Court, i.e., in all Rs.18,62,000/- (Rupees Eighteen Lakhs Sixty Two Thousand Only) and on withdrawing the aforesaid amount and the petitioner further paying Rs.1,38,000/- (Rupees One Lakhs Thirty Eight Thousand Only) to the respondent, the respondent shall return the Cheque for Rs.20,00,000/- (Rupees Twenty Lakhs Only) Cheque bearing No.018437 dated 25/10/2021 drawn on Axix Bank Limted, Tavarekere Branch, Bangalore to the petitioner forthwith and shall not present the same for honouring.

4. The Respondent submits that if the petitioner pays the entire amount of Rs.70,00,000/- (Rupees Seventy Lakhs Only) to the respondent as agreed above, the respondent shall not claim any further amount from the petitioner and shall also not execute the Judgment and Decree passed in O.S.No.10495/2015 by the Hon'ble City Civil Court, Bangalore and all disputes between the parties stands closed.

5. The Petitioner undertakes and admits that the aforesaid Cheques from Serial No.(b) to (f) shall be duly honoured on the due dates on its presentation and if the petitioner fails to do payment as indicated above or cheque is dishonoured above agreed settlement shall automatically stand cancelled and the Respondent is at liberty to execute the entire Judgment and Decree passed in O.S.NO.10495/2015 by the Hon'ble City Civil Court, Bangalore and order passed in C.C.No.7353/2013 by Hon'ble XXV Additional Chief Metropolitan Magistrate at Bangalore also the Execution Petition No.624/2020 seeking for execution of the Judgment and Decree of the Hon'ble Trial Court."

3. The petitioner has today handed over a Demand Draft for a sum of Rs.1,38,000/- in terms of his undertaking mentioned in paragraph no.3 of the joint memo and receipt of the same is acknowledged by the learned counsel for the respondent and he submits that cheque bearing no.018437 dated 25.10.2021 drawn for Rs.20 lakhs shall be returned to the petitioner forthwith.

4. Having regard to the settlement arrived between the parties and since the respondent has agreed to receive a sum of Rs.70 lakhs from the petitioner towards full and final settlement of the dispute between the parties. This revision petition is disposed of in terms of the joint memo.