- 1 - NC: 2025:KHC-D:6180 CRL.RP No. 100100 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100100 OF 2024 (397(CR.PC)/438(BNSS)) BETWEEN: SRI. SHIVAKUJMAR S/O. GURUPADAYYA HIREMATH AGE. 48 YEARS, OCC. BUSINESS R/O. LAKSHMI NAGAR C/351704 AKSHAY COLONY NEAR CANARA BANK, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD …PETITIONER (BY SRI. IRANAGOUDA K. KABBUR, ADVOCATE) AND: SRI. VENKATESH B. MALALI AGE. 38 YEARS, OCC. BUSINESS R/O. MAGADI TQ. SHIRAHATTI, DIST. GADAG-582117. …RESPONDENT (BY SRI. K.L. PATIL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO ALLOW THE REVISION PETITION AND CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT DATED 02.01.2024, PASSED BY THE I ADDL. PRL. JUDGE, FAMILY COURT, GADAG IN CRIMINAL APPEAL NO.23/2023 AND JUDGMENT OF CONVICTION DATED 29.03.2023 PASSED BY THE II ADDL. CIVIL JUDGE AND JMFC II GADAG, IN CC NO.3217/2021, OFFENCE UNDER SECTION 138 OF N.I. ACT, BY ALLOWING THIS REVISION PETITION AND ACQUIT THE REVISION PETITIONER. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.09 15:58:01 +0530 - 2 - NC: 2025:KHC-D:6180 CRL.RP No. 100100 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Parties present with their respective Advocates. Sum of Rs.1,25,000/- is tendered in cash by the revision petitioner to the respondent. Same is acknowledged in the order sheet. Joint memo is filed, signed by the parties and their respective Advocates. Joint memo reads as under: “Hence the counsels for Petitioner and Respondent submits as under: The petitioner and respondent have settled the matter amicably as per the terms of the settlement the petitioner has agreed to pay the amount of Rs. 3,25,000/- in three installments as per it today the petitioner is paying an amount of Rs.1,25,000/- and as agreed to pay remaining amount of Rs.1,00,000/- in the month of June 7th 2025 and final installment Rs. 1,00,000/- on 8th August 2025. Further both the parties have agreed for the above settlement and any violation of the above condition result in the restoration of the petition. Further is respectfully submitted, the Memo may be accepted and may be closed as settled. Further, the sentence of conviction passed by the Hon’ble JMFC II Court, Gadag, in C.C.No.3217/2011 dated 29.03.2023 and also set aside the judgment dated 02.01.2024 passed by the I Addl. Prl. Judge, Family Court Gadag, in Crl.A.No.23/2023 confirming the judgment of the conviction may be set aside. Hence this memo.” - 3 - NC: 2025:KHC-D:6180 CRL.RP No. 100100 of 2024 Placing the joint memo on record, revision petition stands disposed of. It is made clear that if the agreed amount of compensation if not paid as per the joint memo, order of the learned Trial Magistrate confirmed by the First Appellate Court stands restored automatically. After payment of entire compensation amount, sum of Rs.5,000/- ordered by the learned Trial Magistrate confirmed by the First Appellate Court stands restored automatically. Amount in deposit is ordered to be withdrawn by the complainant under due identification. Sd/- (V.SRISHANANDA) JUDGE KAV Ct-cmu LIST NO.: 2 SL NO.: 32