- 1 - HC-KAR NC: 2025:KHC-D:10652 CRL.RP No. 100384 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100384 OF 2024 (397(CR.PC)/438(BNSS)) BETWEEN: SHRI SANDEEP R. REVANKAR S/O RAGHUNATH REVANKAR, AGE. 42 YEARS, OCC. GOLDSMITH, R/O. MAJALI, KARWAR-581 301, DIST. AND TQ. UTTARA KANNADA. … PETITIONER (BY SRI. D.M. MALLI, ADVOCATE) AND: SHRI BHUSHAN S. KADAM S/O LATE SHIVANAND KADAM, AGE ABOUT 51 YEARS, OCC. BUSINESS, R/O. SANNAMUDGERI, KARWAR, REPRESENTED BY HIS G.P.A. HOLDER, ANIL DATTA DESAI, AGE. 45 YEARS, OCC. BUSINESS, R/O. SANNAMUDGERI, KARWAR-581 301, DIST. AND TQ. UTTARA KANNADA. … RESPONDENT (BY SRI. PRAVEEN P. TARIKAR, ADVOCATE ) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. (UNDER SECTION 438 R/W 442 OF BNSS), PRAYING TO CALL FOR RECORDS IN ORDER DATED 24.07.2024 IN CRIMINAL APPEAL NO.20/2019 ON THE FILE OF THE II ADDL. DISTRICT AND SESSION JUDGE, UTTARA KANNADA, KARWAR AND IN C.C. NO.718/2009 DATED 18.12.2018 ON THE FILE ADDL. JMFC KARWAR AND SET ASIDE THE IMPUGNED JUDGMENT ORDER DATED 24.07.2024 IN CRIMINAL APPEAL NO.20/2019 ON THE FILE OF THE II ADDL. DISTRICT AND SESSION JUDGE, UTTARA KANNADA, KARWAR AND IN C.C. NO.718/2009 DATED 18.12.2018 ON THE FILE ADDL. JMFC KARWAR UNDER SECTION 138 OF N.I. ACT, SENTENCING TO PAY RS.35,00,000/- IN DEFAULT, PETITIONER SHALL UNDER-GO SIMPLE IMPRISONMENT FOR A PERIOD OF 3 MONTHS. OUT OF 35,00,000/- COMPLAINANT IS ENTITLED FOR RS.34,95,000/- TOWARDS COMPENSATION AMOUNT AND REMAINING FINE AMOUNT OF RS.5,000/- TO THE STATE. IT IS HEREBY MADE CLEAR THAT UNDERGOING OF DEFAULT IMPRISONMENT SHALL NOT ABSOLVE RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10652 CRL.RP No. 100384 of 2024 THE ACCUSED LIABILITY OF PAYING THE AMOUNT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) This Criminal Revision Petition under Section 397 read with Section 401 of Cr.P.C. is filed by the accused assailing the judgment and order of conviction and sentence passed by the Court of Additional JMFC, Karwar, in C.C. No.718 of 2009 dated 18.12.2018, which is confirmed in Criminal Appeal No.20 of 2019 by the Court of II Additional District and Sessions Judge, Uttara Kannada, Karwar, by judgment and order dated 24.07.2024. 2. Heard the learned counsel for the parties. 3. Learned counsel for the parties jointly submit that the dispute between the parties has been amicably settled before the Mediation Centre at Dharwad and joint memo which is prepared before the Mediation Centre and signed by the parties and their respective advocates is filed - 3 - HC-KAR NC: 2025:KHC-D:10652 CRL.RP No. 100384 of 2024 reporting settlement. They submit that in view of the aforesaid, the judgment and order of conviction and sentence passed by the Courts below may be set aside and the petitioner may be acquitted of the offence punishable under Section 138 of the National Instruments Act. 4. Submissions made by the learned counsels and the joint memo dated 21.08.2025 is taken on record. In paragraph Nos.1 to 3 of the joint memo it is stated as follows:- “1. The Petitioner is before this Hon'ble Court challenging the order dated 24-07-2024 passed by the II Addl. District and Session Judge Uttara Kannada, Karwar, in Criminal Appeal No.20/2019 confirming the order dated 18-12-2018 in C.C.718/2009 dated 18-12-2009 passed by the Hon'ble Addl. JMFC Karwar convicting the Petitioner for the offence punishable under section 138 of Negotiable Instrument Act 1881 sentencing to pay Rs.35,00,000/-. In default, he shall under-go Simple Imprisonment for a period of 3 months. The amount the complainant is entitled for Rs. 34,95,000/- towards compensation amount and remaining fine amount of Rs.5,000/- to the State. 2. The Petitioner submits that the Petitioner at time of preferring the Criminal Appeal No.20/2019 before the II Addl. District and Session Judge Uttara Kannada, Karwar has - 4 - HC-KAR NC: 2025:KHC-D:10652 CRL.RP No. 100384 of 2024 deposited a sum of Rs 6,25,000/- as the cheque amount is Rs.25,00,000/-. 3. The Petitioner has now before this Hon'ble Court in the present Criminal Revision Petition. The Petitioner today (i.e 21-08-2025) is paying Rs.3,00,000/- through cash to the Complainant/ Respondent and the complainant is ready to accept the same. The Remaining balance amount of Rs.15,75,000/- (Fifteen lakhs Seventy Five Thousand) shall be paid within two month (i.e on or before 04-11-2025). The complainant may be permitted to withdraw the deposited amount (Rs. 6,25,000/- Rupees Six Lakhs Twenty Five Thousand) before the Court below on due identification. The matter has been settled for cheque amount (i.e. 25,00,000/-) full and finally. Wherefore it is prayed to this Hon'ble Court may be please to accept the joint memo and set aside the conviction order dated 18-12-2018 in CC No.718/2009 passed by Hon'ble Addl. JMFC Karwar against the Petitioner/ accused for the offence punishable under section 138 of Negotiable Instrument Act 1881 in ends of justice and equity.” 5. In view of the settlement arrived between the parties, this Criminal Revision Petition deserves to be allowed. Consequently, the following order: ORDER (i) The criminal revision petition is allowed. - 5 - HC-KAR NC: 2025:KHC-D:10652 CRL.RP No. 100384 of 2024 (ii) The judgment and order of conviction and sentence passed by the Court of Additional JMFC, Karwar, in C.C. No.718 of 2009 dated 18.12.2018, which is confirmed in Criminal Appeal No.20 of 2019 by the Court of II Additional District and Sessions Judge, Uttara Kannada, Karwar, by judgment and order dated 24.07.2024 are set aside, and the petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instrument Act. (iii) The complainant-respondent is permitted to withdraw the amount of Rs.6,25,000/- deposited by the petitioner before the trial Court after due identification. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 4 SL NO.: 1