- 1 - HC-KAR NC: 2025:KHC-D:10753 CRL.RP No. 100105 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100105 OF 2024 (397(CR.PC)/438(BNSS)) BETWEEN: SRI. RAJU S. S/O SUNDARAM, AGE. 51 YEARS, OCC. DRIVER IN IRRIGATION DEPT., R/O. MUNIRABAD, TQ. AND DIST. KOPPAL. … PETITIONER (BY SRI. A.M. MALIPATIL, ADVOCATE) AND: SRI. SHIVAKUMAR S/O BASAPPA KALAL, AGE. 42 YEARS, OCC. BUSINESS, R/O. HULIGI, TQ. AND DIST. KOPPAL-583 234. … RESPONDENT (BY SRI. SOMASHEKHAR B. ANCHATGERI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C., PRAYING TO CALL FOR RECORDS AND SET ASIDE THE ORDER OF CONVICTION AND THE SENTENCE PASSED BY THE COURT OF THE PRL. JUDGE FAMILY COURT, KOPPAL DATED 20.10.2022 IN CRL.A NO.14/2022 WHEREIN HE HAS CONFIRMED THE ORDER PASSED BY THE COURT OF THE PRL. CIVIL JUDGE AND JMFC AT KOPPAL IN C.C. NO.301/2012 DATED 24.01.2018 AND ACQUIT THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I. ACT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10753 CRL.RP No. 100105 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The accused is before this Court assailing the judgment and order of conviction and sentence passed by the Court of Civil Judge and JMFC at Koppal in C.C. No.301 of 2012, dated 24th January 2018, which is confirmed in Criminal Appeal No.14 of 2022 by the Court of Prl. Judge, Family Court, Koppal by judgment and order dated 20th October 2022. 2. Learned counsel for the parties jointly submit that the dispute between the parties has been settled before the Mediation Center, High Court of Karnataka, Dharwad Bench and a compromise petition has been entered into between the parties on 22.08.2025. They submit that in view of the settlement, the Criminal Revision Petition may be disposed of in terms of the settlement and the judgment and order of conviction and sentence may be set aside. - 3 - HC-KAR NC: 2025:KHC-D:10753 CRL.RP No. 100105 of 2024 3. The submissions made on both sides are placed on record. 4. The parties who are present before the Court are identified by their respective advocates. The respondent has admitted receipt of ₹82,000/- from the petitioner in cash today. The compromise petition dated 22.08.2025 executed by the parties before the Mediation Center, High Court of Karnataka, Dahrwad Bench is taken on record. 5. In paragraph Nos.1 to 3 of the compromise petition, it is stated as follows: 1. The Parties have agreed to compromise the case for a total sum of Rs.1,64,000/- (Rupees One Lakh Sixty Four Thousand Only), towards full and final settlement, in which the Petitioner already deposited Rs.82,000/- before the Trial Court on 21.06.2024 RO No.13/2024-2025 and the remaining Rs.82,000/- paid on 22.08.2025 by cash. The respondent namely Sri. Shivakumar S/o Basappa Kalal has aknowledge the same. - 4 - HC-KAR NC: 2025:KHC-D:10753 CRL.RP No. 100105 of 2024 2. Further, Petitioner / Accused has no objection to release the amount of Rs.82,000/- in favour of the Respondent / Complaiant, which is deposited before the Trial Court forthwith. 3. Wherefore it is prayed to this Hon'ble Court may be please to accept the joint memo and set aside the conviction order dated 24-01-2018 in C.C. No.301/2012 passed by the The Prl. Civil Judge & JMFC at Koppal against the Petitioner / accused for the offence punishable under section 138 of Negotiable Instrument Act 1881 in ends of justice and equity. 6. The offence punishable under Section 138 of the N.I. Act is compoundable. In view of the settlement between the parties, the Criminal Revision Petition is required to be disposed of in terms of the settlement arrived at between the parties. 7. Accordingly, the following: ORDER (i) The Criminal Revision Petition is allowed. (ii) The judgment and order of conviction and sentence passed by the Court of Civil - 5 - HC-KAR NC: 2025:KHC-D:10753 CRL.RP No. 100105 of 2024 Judge and JMFC at Koppal in C.C. No.301 of 2012, dated 24th January 2018, which is confirmed in Criminal Appeal No.14 of 2022 by the Court of Prl. Judge, Family Court, Koppal by judgment and order dated 20th October 2022, is set aside. Consequently, the petitioner is acquitted. The respondent complainant is permitted to withdraw the amount of ₹82,000/- which the petitioner has deposited before the trial Court Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP CT:BCK LIST NO.: 4 SL NO.: 1