- 1 - NC: 2025:KHC-D:1836 CRL.RP No. 100027 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL REVISION PETITION NO.100027 OF 2025 [397(CR.PC)/438(BNSS)] BETWEEN: SMT. BALAMMA YALLAPPA SHINDHE AGE: 45 YEARS, OCC. HOUSEHOLD, R/O. MARUTI GALLI, HALIYAL, TQ. HALIYAL, DIST. UTTAR KANNADA-581301. … PETITIONER (BY SRI VIJAY MALALI, ADVOCATE FOR SRI S.C.HARTI, ADVOCATE) AND: AKSHAYA CO-OPERATIVE CREDIT SOCIETY LTD., H.O. KARWAR, HALIYAL (UTTAR KANNADA), REPRESENTED BY ITS BRANCH OFFICER, SRI. DYANI HILLARY RODRIGUES, A/A. 39 YEARS, R/O. HALIYAL, TQ: HALIYAL, DIST: UTTAR KANNADA-581301. … RESPONDENT (BY SRI DINESH M.KULKARNI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397 OF CR.P.C R/W. 401 AND SECTION 438 R/W. 442 OF BNSS, SEEKING TO SET ASIDE THE ORDER DATED 17.02.2023 IN CRL.A NO.5084/2022 PASSED BY 1ST ADDITIONAL DISTRICT AND SESSION JUDGE U.K. KARWAR SITTING AT SIRSI AND THE JUDGMENT AND SENTENCE DATED 24.06.2022 PASSED BY SENIOR CIVIL JUDGE HALIYAL IN CC NO.57/2019 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT AND CONSEQUENTLY PETITIONER BE ACQUITTED. MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.30 17:04:58 +0530 - 2 - NC: 2025:KHC-D:1836 CRL.RP No. 100027 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) Challenging judgment of conviction and order of sentence dated 17.02.2023 passed by I Additional District and Sessions Judge, Uttara Kannada District, Karwar sitting at Sirsi in Crl.A.no.5084/2022 confirming judgment of conviction and order of sentence dated 24.06.2022 passed by Senior Civil Judge and JMFC Court, Haliyal in C.C.no.57/2019, this revision petition is filed. 2. Learned counsel for petitioner and respondent jointly submitted that matter is settled between parties, wherein, petitioner has cleared entire dues of respondent - Society and loan account is closed. Since petitioner is in custody, learned counsel for petitioner sought for direction to release petitioner. 3. Sri Dinesh M. Kulkarni, learned counsel for respondent would concur and submit that claim of respondent - Society insofar as cheque bearing no.397521 dated 11.04.2019 is settled as entire dues of respondent – Society are cleared by - 3 - NC: 2025:KHC-D:1836 CRL.RP No. 100027 of 2025 petitioner. Learned counsel would fairly submit that, taking note of above, revision petition may be disposed of. 4. In view of fact that petitioner has cleared entire due of respondent - Society insofar as its claim under above mentioned cheque, revision petition requires to be allowed. Hence, following: ORDER i) Criminal Revision Petition is allowed. ii) Impugned judgment of conviction and order of sentence dated 24.06.*2022 passed by Senior Civil Judge and JMFC, Haliyal in C.C.No.57/2019, which was confirmed by I Additional District and Sessions Judge, Uttara Kannada District, Karwar sitting at Sirsi in Crl.A.5084/2022 on 17.02.2023 are set aside. iii) Revision petitioner is ordered to be released from custody, forthwith. iv) Intimate to concerned jail authority immediately. In view of disposal of revision petition, I.A.No.2/2025 is dismissed as being unnecessary. SD/- (RAVI V.HOSMANI) JUDGE EM CT:PA LIST NO.: 1 SL NO.: 21 *Corrected vide Chamber order Dated 30.01.2025 Sd/- RVHJ