- 1 - NC: 2025:KHC-D:6451 CRL.RP No. 100187 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100187 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: SMT. SHAKUNTALA W/O. SUDESH BOLAR, AGE: 50 YEARS, OCC. FARMER AND BUSINESS, R/O. CHITRAGAR ONI, TQ. KALAGHATAGI, DIST. DHARWAD-581204. …PETITIONER (BY SRI. K.L. PATIL, ADVOCATE) AND: VITTAL S/O. NARAYAN KODAKANI, AGE: 50 YEARS, OCC. ADVOCATE AND FARMER, R/O. SHARADAGALLI, YELLAPUR, DIST. UTTAR KANNDA-581359. …RESPONDENT (BY SRI. VIJAY M. MALALI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS AND ALLOW THIS REVISION PETITION AND SET ASIDE THE JUDGMENT AND ORDER DATED 21.01.2023 PASSED IN CRIMINAL APPEAL NO.5061/2022 BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, UTTAR KANNADA, KARWAR, SITTING AT SIRSI AND ALSO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 04.07.2021 PASSED IN C.C.NO. 283/2021 BY CIVIL JUDGE AND JMFC COURT, YELLAPUR AND THEREBY ACQUIT THE PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.22 14:44:06 +0530 - 2 - NC: 2025:KHC-D:6451 CRL.RP No. 100187 of 2023 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Parties and their respective counsels are present before this Court. 2. Learned counsel for the revision petitioner has filed memo filed. Joint memo reads as under: “In this, the Petitioner/Accused and the Respondent/Complainant most respectfully submit as under: 1. It is submitted that, the Respondent/Complainant had filed a private complaint before the learned Civil Judge and JMFC Court, Yellapur in C.C. No. 283/2021 against the Petitioner/Accused for the offence of 138 of NI Act in respect of dishonour of a cheque bearing No. 401644 drawn on Canara Bank, Kalaghatagi Branch for a sum of Rs. 2,00,000/- for encashment through SBI, Yellapur Branch. - 3 - NC: 2025:KHC-D:6451 CRL.RP No. 100187 of 2023 2. It is submitted that, the C.C. No. 283/2021 on the file of the learned Civil Judge and JMFC Court, Yellapur came to be allowed and thereby the Petitioner/Accused was convicted by judgment and order of conviction and sentence dated 04/07/2022. The Petitioner/Accused was convicted to pay a fine amount of Rs. 2,65,000/-, And subsequently, the Petitioner preferred criminal appeal challenging the judgment and order of conviction and sentence of the trial Court before the I Addl. District and Sessions Judge, Uttar Kannada, Karwar in Crl. Appeal No. 5061/2022. The learned Sessions Judge by judgment and order dated 21/01/2023 dismissed the appeal filed by the Petitioner/Accused and confirmed the judgment and order of conviction and sentence passed by the trial Court. 3. It is submitted that, being aggrieved by the judgment and order of conviction and sentence passed by the Trial Court as well as the dismissal judgment and order of the first Appellate Court the Petitioner/Accused had preferred the above criminal revision petition before this Hon'ble Court. - 4 - NC: 2025:KHC-D:6451 CRL.RP No. 100187 of 2023 4. It is submitted that, at 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. In view of the said fact, the present compromise is being entered into on the following terms and conditions: a. The Petitioner/Accused has agreed to pay a sum of Rs. 2,50,000/- to the Respondent/Complainant. And the Respondent also agreed to receive the said amount. b. As a part payment of the above agreed amount the Petitioner has no objection to the Respondent to withdraw Rs. 50,000/-which was deposited before the Civil Judge and JMFC Court, Yellapur in C.C. No. 283/2021. c. The Respondent/Complainant hereby acknowledges the receipt of Rs. 33,333/ by way of cash from the Petitioner/Accused before the Hon'ble High Court on 15/04/2025. d. The remaining balance amount of Rs. 1,66,667/- is to be paid within a period of 4 months from today in 4 equal installments of Rs. 41,667/- each. - 5 - NC: 2025:KHC-D:6451 CRL.RP No. 100187 of 2023 i. The First installment of Rs. 41,667/- is to be paid to the Respondent on or before 14/05/2025 by way of Demand Draft in favour of the Respondent. ii. The Second installment of Rs. 41,667/- is to be paid to the Respondent on or before 14/06/2025 by way of Demand Draft in favour of the Respondent. iii. The third installment of Rs. 41,667/- is to be paid to the Respondent on or before 14/07/2025 by way of Demand Draft in favour of the Respondent. iv. The forth installment of Rs. 41,667/- is to be paid to the Respondent on or before 14/08/2025 by way of Demand draft in favour of the Respondent for full and final settlement of the agreed amount. In case of failure the Respondent/Complainant may proceed with the case, with due permission of this Hon'ble Court. - 6 - NC: 2025:KHC-D:6451 CRL.RP No. 100187 of 2023 e. The Respondent/Complainant also hereby agrees for dispose off the above Criminal Revision Petition No. 100187/2023 filed by the Petitioner. Wherefore, this Hon'ble High Court may kindly be pleased to permit the Petitioner and Respondent to settle the present proceedings by accepting the memo and acquit the Petitioner/Accused by setting aside the judgment and order of conviction and sentence dated 04/07/2022 passed by Civil Judge and JMFC Court, Yellapur in C.C. No. 283/2021 and also set aside the subsequent judgment and order dated 21/01/2023 passed by the learned I Addl. District & Sessions Judge, Uttar Kannada, Karwar in Crl. Appeal No. 5061/2022, in the interest of justice and equity.” 3. As per joint memo contents as part payment sum of Rs.33,333/- is paid and the same is acknowledged in the order sheet. 4. Placing the joint memo on record, the revision petition is disposed of. - 7 - NC: 2025:KHC-D:6451 CRL.RP No. 100187 of 2023 5. It is made clear that if the agreed amount of compensation not paid as per the terms of the joint memo, the order of the trial Magistrate confirmed by the First Appellate Court stands restored automatically. 6. Amount in deposit is ordered to be withdrawn by the complainant under due identification. 7. After the payment of entire agreed amount compensation, fine amount of Rs.5,000 stands set aside. Sd/- (V.SRISHANANDA) JUDGE AC CT:PA List No.: 2 Sl No.: 56