- 1 - NC: 2025:KHC-D:3477 CRL.RP No. 100079 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL REVISION PETITION NO.100079 OF 2023 [397(CR.PC)/438(BNSS)] BETWEEN: GIRIJAVVA SHARANAPPA MADANUR AGE: 40 YEARS, OCC. BUSINESS, R/O. BASAVESHWAR NAGAR, AT/POST: AMINGAD, TQ. HUNGUND, DIST. BAGALKOTE-587112. … PETITIONER (BY SRI RAKESH S. HATTIKATAGI, ADVOCATE) AND: SHRIRAM TRANSPORT FINANCE CO. LTD., REPRESENTED BY AUTHORIZED BY ITS GPA HOLDER SHRI AMARAPPA S/O. SANGAPPA KUMBAR, AGE: 41 YEARS, OCC. SR. PRODUCT EXECUTIVE (LEGAL), R/O. SECTOR NO.4, PLOT NO. C-15, 1ST FLOOR, NEAR CHALUKYA HOTEL, NAVANAGAR, BAGALKOTE-587103. … RESPONDENT (BY SRI SHREEVATSA HEGDE AND SRI ABHILASH HANAMANNAVAR, ADVOCATES) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH UNDER SECTION 401 OF CR.P.C. SEEKING TO ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGMENT AND ORDER OF CONFIRMATION PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE BAGALKOTE IN CRL.A.NO.42/2021 DATED 04.06.2022 AND TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND J.M.F.C. BAGALKOTE IN C.C.NO. 60/2021 DATED 27.09.2021 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT AND FURTHER TO ACQUIT THE REVISION PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT BY ALLOWING THIS CRIMINAL REVISION PETITION. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.02.21 14:52:05 +0530 - 2 - NC: 2025:KHC-D:3477 CRL.RP No. 100079 of 2023 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) Challenging judgment dated 04.06.2022 passed by Principal District and Sessions Judge, Bagalakote (‘Appellate Court’, for short) in Crl.A.no.42/2021 and judgment of conviction and order of sentence dated 27.09.2021 passed by II Additional Senior Civil Judge and JMFC, Bagalakote (‘Trial Court’, for short) in C.C.no.60/2021, this revision petition is filed. 2. On 18.02.2025 learned counsel for petitioner had filed a memo producing no dues certificate issued by respondent stating that entire dues of respondent was cleared and based on same, revision petition be disposed of. 3. Memo is placed on record. 4. Learned counsel for respondent had sought time to secure instructions. - 3 - NC: 2025:KHC-D:3477 CRL.RP No. 100079 of 2023 5. Today submission is made by learned counsel for respondent that entire dues of respondent have been settled amicably for Rs.2,41,200/-. 6. But impugned sentence was for payment of Rs.2,50,000/- plus fine of Rs.1,000/-. Since respondent has accepted clearance of entire dues, without any more revision petition would require to be allowed. Hence following : ORDER 1. Revision petition is allowed. 2. Impugned judgment dated 04.06.2022 passed by Principal District and Sessions Judge, Bagalkote in Crl.A.no.42/2021 and judgment of conviction and order of sentence dated 27.09.2021 passed by II Additional Senior Civil and JMFC, Bagalkot in C.C.no.60/2021, are set aside. 3. Consequently petitioner - accused is acquitted of offence punishable under Section 138 of Negotiable Instrument Act. 4. Bail bond of accused and Surety bond shall stand cancelled. SD/- (RAVI V.HOSMANI) JUDGE EM CT:PA: LIST NO.: 1 SL NO.: 20