SALAUDDIN S/O DAWOOD SAB v. PATEL KAVITA W/O OMKAR
CRL.RP/200061/2022 · 2025-03-07
S Rachaiah
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11450 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11450 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC-K:1517 CRL.RP No. 200061 of 2022
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL REVISION PETITION NO.200061 OF 2022 (397(Cr.PC)/438(BNSS)) BETWEEN:
SALAUDDIN S/O DAWOOD SAB, AGE: 59 YEARS, OCC: AGRICULTURE, R/O. NEAR WATER TANK AT KAMALNAGAR, TQ. AURAD, DIST. BIDAR-585201. …PETITIONER
(BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
AND:
PATEL KAVITA W/O OMKAR, AGE:46 YEARS, OCC: AGRICULTURE AND HOUSEHOLD, R/O. MADNOOR VILLAGE, TQ. AURAD, DIST. BIDAR-585201.
…RESPONDENT (BY SRI RAVI B. PATIL, ADVOCATE)
THIS CRL.RP IS FILED U/S 397 (1) OF CR.P.C PRAYING TO SET ASIDE THE
JUDGMENT DATED 04.08.2022 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT BIDAR IN CRL.APPEAL NO.27/2022 AND JUDGMENT DATED 26.02.2020 PASSED BY THE II ADDL. CIVIL JUDGE AND JMFC BIDAR IN C.C.NO.14/2018
Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC-K:1517 CRL.RP No. 200061 of 2022
AND CONSEQUENTLY BE PLEASED TO ACQUIT THE PETITIONER.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH)
Learned counsel for the respective parties have filed a joint memo reporting the settlement. The said memo, which reads as under:
“In the above case, the petitioner and the respondent has settled the matter amicably. It is agreed that the petitioner will be paying a total sum of Rs.2,50,000/- to the respondent, out of which Rs.1,20,000/- has been already deposited before the court below. The remaining amount of Rs.1,30,000/- will be paid to the respondent within 6 weeks from today. Hence this joint memo, same may kindly be accepted and the petitioner may kindly be acquitted, subject to payment as agreed upon, in the interest of justice and equity.”
2. As per the said joint memo, the amount of Rs.1,30,000/- will be paid to the respondent within six weeks from today.
- 3 -
NC: 2025:KHC-K:1517 CRL.RP No. 200061 of 2022
3. Having considered the averments made in the said joint memo, there is no embargo to this Court to accept the said averments and dispose of the matter.
4. Hence, I proceed to pass the following:
ORDER i. The petition is allowed in terms of the settlement. ii. The order passed by II Addl. Civil Judge and JMFC, Bidar in C.C.No.14/2018 dated 26.02.2022 and confirmed by the Principal District and Sessions Judge at Bidar in Crl.A.No.27/2022 are set aside. iii. The petitioner is acquitted for the offence under Section 138 of N.I.Act. iv. The Trial Court is directed to release the deposited amount of Rs.1,20,000/- to respondent-complainant on proper identification.
- 4 -
NC: 2025:KHC-K:1517 CRL.RP No. 200061 of 2022
v. The respondent-complainant is at liberty to revive the revision petition, if the petitioner fails to adhere to the conditions stated in the joint memo.
Sd/- (S RACHAIAH) JUDGE TMP List No.: 1 Sl No.: 50 CT:PK