- 1 - HC-KAR NC: 2025:KHC:37809 CRL.RP No. 1375 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 1375 OF 2025 BETWEEN: SRI. HEMANTHA PRABHU AGED ABOUT 44 YEARS, S/O. LATE KRISHNA PRABHU, R/AT C/O KESHAVA GOWDA, GANESH KRIPA, ODALA, UJIRE POST AND VILLAGE, BELTHANGADY TALUK - 574 240. …PETITIONER (BY MS. SHWETHA NAYAK N., ADVOCATE FOR SRI. DHANANJAY KUMAR, ADVOCATE) AND: SRI. SRINIVASA RAO AGED ABOUT 35 YEARS, S/O. KRISHNA KUMAR RAO, R/AT JINAPADMA RESIDENCY, BELAL CROSS, SHIVAJI NAGAR, UJIRE VILLAGE, BELTHANGADY TALUK - 574 240 …RESPONDENT THIS CRL.R.P. IS FILED UNDER SECTION 397 READ WITH SECTION 401 CR.PC (FILED UNDER SECTION 438 READ WITH 442 BNSS) PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER DATED 30.08.2024 IN CRL.A NO.3/2023 ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K, MANGALURU CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION DATED 09.12.2022 IN CC NO.98/2021 ON THE FILE OF PRL.SENIOR CIVIL JUDGE AND JMFC, BELTHANGADY, BY ALLOWING THE ABOVE REVISION PETITION AND THEREBY Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37809 CRL.RP No. 1375 of 2025 ACQUIT THE ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I. ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard learned counsel appearing for the petitioner. 2. Petitioner is present before the Court. The respondent is present before the Court. The respondent has not chosen to engage any advocate. Accused identifies the respondent before the Court as Mr.Srinivasa Rao – the complainant. 3. Learned counsel for the petitioner submits that the dispute is amicably settled and parties have filed a joint memo. 4. Joint memo is taken on record. 5. The petition is filed assailing the conviction and sentence dated 09.12.2022 in C.C.No.98/2021 on the file of JMFC, Belthangady and the judgment dated 30.08.2024 - 3 - HC-KAR NC: 2025:KHC:37809 CRL.RP No. 1375 of 2025 in Crl.A.No.3/2023 on the file of Sessions Judge, Mangaluru. In terms of the impugned judgments, the petitioner/accused is sentenced to pay fine of Rs.5,10,000/- out of which Rs.5,00,000/- is ordered to be paid as compensation to the complainant and Rs.10,000/- is ordered to be paid towards the expenditure of the State. 6. In terms of the settlement which is signed by both the parties, complainant has agreed to receive Rs.2,75,000/- towards full and final settlement of his claim. 7. The complainant also acknowledges receipt of Rs.1.00 lakh and balance Rs.1,75,000/- is ordered to be paid on or before 03.03.2026. 8. It is also incorporated in the joint memo that in case the petitioner/accused fails to make the payment before 03.03.2026, sentence under challenge stands revived with a rider that the petitioner/accused will be liable to pay Rs.4.00 lakhs out of Rs.5.00 lakhs fine - 4 - HC-KAR NC: 2025:KHC:37809 CRL.RP No. 1375 of 2025 amount as Rs.1.00 lakh is paid post judgment under challenge. 9. This Court does not find any reason to reject the settlement and same is just and proper. 10. Hence the following: ORDER (i) Petition is disposed of. (ii) The impugned judgment dated 30.08.2024 in Crl.A. No.3/2023 on the file of Sessions Judge, Mangaluru so also the judgment dated 09.12.2022 in C.C.No.98/2021 on the file of JMFC, Belthangady are modified in terms of the settlement recorded in the joint memo. SD/- (ANANT RAMANATH HEGDE) JUDGE BRN/List No.: 2 Sl No.: 12