- 1 - HC-KAR NC: 2025:KHC-D:14504 CRL.RP No. 100107 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL REVISION PETITION NO.100107 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: K. NAGARAJA S/O. LATE VEERABHADRAPPA, HINDU, AGED ABOUT 62 YEARS, OCC. RETIRED EMPLOYEE, R/O. 10TH WARD, OLD KENCHANAGUDDA ROAD, PARVATHI NAGAR, SIRUGUPPA, SIRUGUPPA TALUK, BALLARI DISTRICT-583101. …PETITIONER (BY SRI. Y.LAKSHMIKANT REDDY, ADVOCATE) AND: S. BASAVARAJA S/O. LATE MALLAPPA, HINDU, AGED ABOUT 59 YEARS, R/O. 6TH WARD, GANGA NAGAR, SIRUGUPPA, SIRUGUPPA TALUK, BALLARI DISTRICT-583101. …RESPONDENT (BY SRI. R.H. ANGADI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W SECTION 401 OF CR.P.C., PRAYING TO, SET ASIDE THE ORDER DATED 28.02.2023 IN CRIMINAL APPEAL NO.06/2023 OFFENCES PUNISHABLE UNDER SECTION 138 OF NI ACT PASSED BY THE IV ADDL. DIST. AND SESSIONS JUDGE (EXCLUSIVE DEDICATED COMMERCIAL COURT) AT BALLARI CONFIRMING THE ORDER OF CONVICTION DATED 22.12.2022 Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14504 CRL.RP No. 100107 of 2023 PASSED IN CC NO.1016/2019 PASSED BY THE CIVIL JUDGE AND JMFC, SIRUGUPPA, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL REVISION PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) Learned counsel for the petitioner filed an application stating that the matter has been settled between the petitioner and the respondent in the mediation proceedings, hence, they have filed joint memo in that regard. 2. Considering the averments made in the joint memo, there is no embargo on this Court to record the settlement. 3. Accordingly, I proceed to pass the following: ORDER. i) The petition is allowed in terms of the settlement. ii) The judgment dated 28.02.2023 passed in Criminal Appeal No.6/2023 by the IV Additional District and Sessions Judge - 3 - HC-KAR NC: 2025:KHC-D:14504 CRL.RP No. 100107 of 2023 (Exclusive Dedicated Commercial Court), Ballari, is hereby set aside. iii) The petitioner is acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. iii) The bail bonds executed against the petitioner stands cancelled. iv) The Trial Court is directed to release the amount deposited by the petitioner in favour of the complainant on proper identification. v) In view of the disposal of the main petition, pending I.As, if any, are disposed of. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 3 Sl No.: 1