- 1 - NC: 2025:KHC-D:4344 CRL.RP No. 100081 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100081 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: SHRI ISHWAR S/O. SANGAPPA KADEMANI, AGE: 69 YEARS, OCC. RETIRED FROM SERVICE, R/O. VIDYA NAGAR, RABAKAVI-587311, TAL. RABAKAVI-BANAHATTI, DIST. BAGALKOTE. …PETITIONER (BY SRI PRASHANT S. KADADEVAR, ADVOCATE) AND: SHRI SHRINIDHI URBAN CO-OP. CREDIT SOCIETY LTD., RABAKAVI, BR. MAHALINGPUR, R/BY. ITS MANAGER, SOMASHEKHAR M. SAVADI, AGE: 42 YEARS, OCC. MANAGER, R/O. RABAKAVI-587311, TAL. RABAKAVI-BANAHATTI, DIST. BAGALKOTE. …RESPONDENT (BY SRI N.L. BATAKURKI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT DATED 04.04.2022 PASSED BY THE SENIOR CIVIL JUDGE AND J.M.F.C., AT BANAHATTI IN C.C. NO. 103/2021 (OLD CC NO. 445/2016) AND JUDGMENT DATED 18.01.2023 PASSED BY THE 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOTE TO SIT AT JAMKHANDI AT JAMKHANDI IN CRIMINAL APPEAL NO. 5015/2022 AND ACQUIT THE PETITIONER FROM THE ALLEGED OFFENCE PUNISHABLE U/S. 138 OF N I ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.17 10:39:35 +0530 - 2 - NC: 2025:KHC-D:4344 CRL.RP No. 100081 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) I.A.No.1/2025 is filed under Section 147 of Negotiable Instruments Act read with Section 528 of Bharatiya Nagarika Surakha Sanhita, 2023 reporting settlement of the entire fine amount. 2. Terms of the settlement read as under: “In this, the Petitioner/Accused and Respondent/Complainant most respectfully submit as under: 1. It is submitted that, the Respondent/ Complainant had filed a private complaint before the learned the Senior Civil Judge and J.M.F.C., at: Banahattiin C.C.No. 103/2021 (Old CC no.445/2016) against the Petitioner/Accused for the offence of 138 of NI Act in respect of dishonour of cheque. 2. It is submitted that, the C.C.No. 103/2021 (Old CC no.445/2016) on the file of the learned the Senior Civil Judge and J.M.F.C., at: Banahatti came to be allowed and thereby the Petitioner/Accused was convicted by judgment and order of conviction and - 3 - NC: 2025:KHC-D:4344 CRL.RP No. 100081 of 2023 sentence dated 4.04.2022. The Petitioner/Accused was convicted to pay a fine amount of Rs. 1,60,000/-, and in default of payment of fine, he shall undergo simple imprisonment for a period of 6 months for the offence punishable under Section 138 of NI Act. And subsequently the Petitioner preferred criminal appeal challenging the judgment and order of conviction and sentence of the trial Court before the 1st Additional District and Sessions Judge, Bagalkot to sit at: Jamkhandi at: Jamkhandiin Criminal Appeal no.5015, the learned 1st Additional District and Sessions Judge, Bagalkot to sit at: Jamkhandi at: Jamkhandi also dismissed the appeal filed by the Petitioner/Accused and confirmed the judgment and order of conviction and sentence dated 4.04.2022 passed by the learned Senior Civil Judge and JMFC Court, Banahattiin C.C.No. 103/2021. 3. It is submitted that, being aggrieved by the judgment and order of conviction and sentence passed by the Trial Court well as the dismissal judgment and order of the first Appellate Court the Petitioner/Accused has preferred the Criminal Revision Petition before this Hon'ble Court. - 4 - NC: 2025:KHC-D:4344 CRL.RP No. 100081 of 2023 4. After hearing the above said petition, this Hon'ble Court was pleased to grant conditional interim order and accordingly as per the said condition, the petitioner has deposited Rs.40,000/- before the Trial Court. 5. It is submitted that, with the intervention of elders and well-wishers of the Petitioner as well as the Respondent, the Petitioner and Respondent have agreed to amicably settle the dispute between them by compounding the present proceedings. In view of the said fact, the present compromise is being entered into on following terms and conditions: A. The Petitioner/Accused has agreed to pay a sum of Rs.1,75,000/- (One Lakh Seventy Five Thousand only) to the Respondent/Complainant. And the Respondent also agreed to receive the said amount. B. The Respondent/Complainant hereby acknowledges the receipt of entire amount Rs.1,75,000/- (One Lakh Seventy Five Thousand only) by way of cash from the Petitioner/Accused and to that effect the Respondent/Complainant has issued challan dated 24/02/2025 and also issued - 5 - NC: 2025:KHC-D:4344 CRL.RP No. 100081 of 2023 Loan clearance letter dated 24/02/2025. Therefore, there is no balance. C. The Respondent/Complainant hereby agrees and no objection to withdraw the amount of Rs.40,000/- with accrued interest by the petitioner/accused which is deposited by the petitioner/accused before the trial court as per the interim order of this Hon'ble Court. D. The Respondent/Complainant also hereby agrees that, the Criminal Revision Petition No. 100081/2023 filed by the Petitioner may kindly be disposed of as settled between the parties. Wherefore, this Hon'ble High Court may kindly be pleased to permit the Petitioner and Respondent to compound the present proceedings by accepting the present Compromise Petition and acquit the Petitioner/Accused by setting aside the judgment and order of conviction and sentence dated 4.04.2022 passed by the Senior Civil Judge and J.M.F.C., at: Banahatti in C.C.No. 103/2021 (Old CC no.445/2016) and and also set aside the subsequentjudgment dated 18.01.2023 passed by the 1st Additional District and - 6 - NC: 2025:KHC-D:4344 CRL.RP No. 100081 of 2023 Sessions Judge, Bagalkot to sit at: Jamkhandi at: Jamkhandi in Criminal Appeal no.5015 and further permitted the petitioner to withdraw the amount in deposit before the Hon'ble Senior Civil Judge and JMFC., Banahatti, in the interest of justice and equity.” 3. Sri N.L. Batakurki, learned counsel for respondent does not dispute the receipt of the entire fine amount. 4. Placing the application on record, revision petition stands disposed of. 5. Since the entire fine amount is paid, amount in deposit is ordered to be withdrawn by the revision petitioner under due identification. 6. Fine amount of Rs.5,000/- awarded towards defraying expenses of the State stands set aside and if the same is already deposited, accused is entitled for refund of the same. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA LIST NO.: 3 SL NO.: 45