- 1 - NC: 2025:KHC:12603 CRL.RP No. 933 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL REVISION PETITION NO. 933 OF 2017 BETWEEN: 1. SMT ASHA NAYAK W/O NARENDRA NAYAK, R/AT NO.6,SUKRATH APARTMENTS, VICTORIA TEMPLE ROAD, MANGALORE-575 001 …PETITIONER (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND: 1. MR SANTHOSH SAMUEL PHILIP S/O MR B D PHILIPS AGED ABOUT 50 YEARS R/AT THE PHILIPS FAMILY 1151,CANTEBURY DR LANSDALE PA 19446,USA, REPRESENTED BY MR RAINEE SIMONS, AGED ABOUT 59 YEARS S/O LATE NICHOLAS SIMONS, R/O ESTHER MANSION, BALMATTA NEW ROAD, MANGALORE-575 001 …RESPONDENT (BY SRI.M.VISHWAJITH RAI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CR.P.C, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 19.12.2014 PASSED BY THE J.M.F.C.(IV COURT), MANGALORE IN C.C.NO.5376/2008 AND THE JUDGMENT AND ORDER DATED 20.7.2017 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU IN THE INTEREST OF JUSTICE. THIS CRIMINAL REVISION PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12603 CRL.RP No. 933 of 2017 CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER 1. The learned counsel for the petitioner filed a memo dated 24.03.2025, which reads as under: “It is submitted that in the above matter, the petitioner has already deposited 40% of the fine amount before the trial court, i.e. 30% as per the order of the appellate court & 10% as per the order of this Hon'ble court, in total the petitioner had deposited Rs.4,84,800/-(Four Lakh Eighty Four Thousand Eight Hundred Rupees only) before trial court as per the order of appellate court and this Hon'ble court. The petitioner has paid the remaining amount of Rs.7,15,200/- by way of two DD's i.e DD bearing number 047391 dated 20/03/2025 for the sum of Rs.3,15,200/- (Three Lakh Fifteen Thousand Two Hundred only) and DD bearing number 342358 dated 20/03/2025 for the sum of Rs.4,00,00/-( Four Lakh Only) to the counsel for the respondent and the counsel for the respondent has acknowledged the same. The petitioner has now paid the amount of - 3 - NC: 2025:KHC:12603 CRL.RP No. 933 of 2017 Rs.12,00,000/- (Tweleve lakh Only) which is the amount covered under the cheque. Wherefore, for the reasons stated above, it is humbly prayed that this Hon’ble Court be pleased to acknowledge the payment made by the petitioner and memo be taken on record, in the interest of justice. 2. The memo is taken on record. In view of the averments of the said memo, it is appropriate to dispose of the petition. 3. Hence, I proceed to pass the following: ORDER (i) The Criminal Revision Petition stands disposed of in terms of the averments of the memo. (ii) The judgment of conviction and order of sentence dated 19.12.2014 passed in C.C.No.5376/2008 by the JMFC (IV Court), Mangaluru and the judgment and order dated 20.07.2017 passed in Crl.A.No.19/2015 by the IV Additional - 4 - NC: 2025:KHC:12603 CRL.RP No. 933 of 2017 District and Sessions Judge, Dakshina Kannada, Mangaluru are set aside. (iii) The petitioner is acquitted for the offence under Section 138 of N.I Act. (iv) Bail bonds executed, if any, stands cancelled. (v) The Trial Court is directed to release the amount in favour of the respondent / complainant on proper identification on production of this order. (vi) The Registry is directed to send the records along with copy of this order to the Trial Court forthwith. Sd/- (S RACHAIAH) JUDGE UN List No.: 19 Sl No.: 2