- 1 - NC: 2025:KHC-D:1537 CRL.RP No. 100015 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL REVISION PETITION NO.100015 OF 2025 [397(Cr.PC)/438(BNSS)] BETWEEN: SRI PARASHURAM S/O HANUMANT KORAVAR, AGE: 43 YEARS, OCC: COOLIE. R/O. DESHPANDE NAGAR, HALIYAL TOWN, TQ: HALIYAL-581329, DIST: UTTARA KANNADA. … PETITIONER (BY SRI KIRANKUMAR CHATTIMATH, ADVOCATE) AND: SHRI CHANNABASAVESHWAR CO-OPERATIVE SOCIETY LTD., HALIYAL R/BY ITS AUTHORIZE OFFICER, SHRI MALLAYYA S/O VIRAYYA SHRIGURMATH, AGE: 64 YEARS, OCC: MANAGER, R/O. BASAVA NAGAR, HALIYAL TOWN, TQ: HALIYAL-581329, DIST: UTTARA KANNADA. … RESPONDENT (BY SRI GIRISH S. HIREMATH, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S. 378(1) OF CODE OF CRIMINAL PROCEDURE, 1973 (438 R/W. 442 OF BNSS), SEEKING TO SET ASIDE THE JUDGMENT AND ORDER DATED 06.12.2023 PASSED BY THE I ADDL.DISTRICT AND SESSIONS JUDGE, KARWAR, UTTARA KANNADA, SITTING AT SIRSI, IN CRL.APPEAL NO.5005/2023 BY CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, HALIYAL IN CC NO.68/2021 DATED 18.11.2022, FOR THE OFFENCE PUNISHABLE U/S. 138 OF N.I. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.28 14:29:03 +0530 - 2 - NC: 2025:KHC-D:1537 CRL.RP No. 100015 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This revision petition is filed challenging judgment of conviction and order of sentence dated 18.11.2022 passed in C.C.no.68/2021 by Senior Civil Judge and J.M.F.C., Haliyal and its confirmation by judgment dated 06.12.2023 passed in Crl.A.no.5005/2023 by I Addl.District and Sessions Judge, Karwar (U.K.) sitting at Sirsi. 2. Sri Kirankumar Chattimath, learned counsel for petitioner submitted that on a substantial allegation that petitioner had committed offences under Section 138 of Negotiable Instruments Act, 1881 (‘N.I. Act’, for short), respondent had initiated proceedings against petitioner. Though petitioner had taken up relevant defences without proper consideration under impugned order passed by Trial Court, he was convicted for offences and sentenced of twice amount of cheque was passed along with fine of Rs.5,000/- and in case of default, petitioner was ordered to undergo simple imprisonment of 3 months and further period of 1 month in case of default of payment of fine amount. - 3 - NC: 2025:KHC-D:1537 CRL.RP No. 100015 of 2025 Assailing same, Criminal Appeal no.5005/2023 was filed. However without proper consideration, appeal was dismissed on 06.12.2023. Aggrieved by said order, this revision was filed. 3. It was submitted that during pendency of petition, entire dues of respondent – society were cleared and respondent had issued a certificate to said effect dated 16.01.2025. A copy of letter along with counter slip for having paid amount is produced. 4. Sri Girish S.Hiremath, learned counsel appearing for respondent would agree that petitioner had cleared entire dues of society in relation to claim involved in this matter as per settlement. 5. In view of above, without examining legality of impugned orders, they require to be set aside as per settlement. Hence, following: ORDER Criminal Revision Petition is allowed. Judgment dated 06.12.2023 passed in Crl.A.no.5005/2023 by I Addl.District and - 4 - NC: 2025:KHC-D:1537 CRL.RP No. 100015 of 2025 Sessions Judge, Karwar (U.K.) sitting at Sirsi confirming judgment and order dated 18.11.2022 passed in C.C.no.68/2021 by Senior Civil Judge and J.M.F.C., Haliyal are set aside. Consequently petitioner/accused is acquitted for the offences punishable under Section 138 of N.I. Act. Bail bond of the accused and surety bond shall stand cancelled. SD/- (RAVI V.HOSMANI) JUDGE CLK CT:PA List No.: 1 Sl No.: 34