- 1 - NC: 2025:KHC-D:6120 CRL.RP No. 100234 of 2023 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.100234 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: SRI UMESH SANGAPPA AADIN AGE: 40 YEARS, OCCUPATION: ADHOC EMPLOYEE, R/O. HAGEDKATTI ONI, DANDAPUR, TALUK: NARAGUND-582207. …PETITIONER (BY SRI B.N. MULIMANI, ADVOCATE) AND: MARUTI S/O. NAGAPPA KARANDE, AGE: 39 YEARS, R/O. AMARGOL, TQ. NAVALGUND, DIST. DHARWAD-582208. …RESPONDENT (BY SRI. SHRIPRASAD JOSHI AND SRI. RAVIRAJ C. PATIL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397(1) R/W. 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS OF TRIAL COURT AND SET ASIDE THE ORDER DATED 06.02.2023 IN CRIMINAL APPEAL NO.69/2022 OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT, PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE AND SPL. JUDGE DHARWAD CONFIRMING THE ORDER OF CONVICTION DATED 06.06.2022 PASSED IN C.C.NO. 234/2019 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT NAVALGUND. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6120 CRL.RP No. 100234 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Parties are present before the Court and file a memo reporting the settlement. 2. Memo reads as under: “Herein both the parties herein submit as under: 1. Both the parties herein have amicably settled the dispute amongst themselves in the manner herein stated below. 2. The Petitioner deposited an amount of Rs. 95,000/- before the Trial Court in compliance of the order of this Hon'ble Court while seeking suspension of sentence out of ₹95,000/-, ₹5,000/- was paid to the Government & ₹90,000/- was withdrawn by the Respondent by seeking permission of this Hon'ble Court. 3. The parties have herein settled the dispute for a total amount of Rs. 2,45,000/- out of which the Respondent acknowledges the receipt of Rs. 90,000/- as mentioned herein above and also acknowledges receipt of - 3 - NC: 2025:KHC-D:6120 CRL.RP No. 100234 of 2023 Rs.40,000/- online (through online transfer on PhonePe app) on 03/04/2025. 4. The Petitioner further has agreed to pay an amount of Rs. 1,15,000/- on or before 03/05/2025 to which the Respondent has agreed to. 5. On the assurance given by the Respondent of payment of the final instalment of Rs. 1,15,000/- on or before 03/05/2025 and on the basis of the payments already made, the parties herein have amicably resolved their dispute and on the basis of this settlement and this memo, the top noted Criminal Revision Petition may kindly be disposed as settled. Hence this memo.” 3. Placing the memo on record, revision petition stands disposed of. 4. It is made clear that agreed compensation if not paid as per the joint memo, the order of the Trial Magistrate confirmed by the First Appellate Court stands restored automatically. - 4 - NC: 2025:KHC-D:6120 CRL.RP No. 100234 of 2023 5. After the payment of agreed amount of compensation as stated in the memo, the fine amount of Rs.5,000/- ordered by the Trial Magistrate confirmed by the First Appellate Court towards the defraying expenses of the State is set aside. 6. The amount in deposit is ordered to be withdrawn by the complainant under due identification. Sd/- (V.SRISHANANDA) JUDGE NAA CT:PA List No.: 2 Sl No.: 22