- 1 - NC: 2025:KHC-D:6415 CRL.RP No. 100082 of 2025 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.100082 OF 2025 (397(CR.PC)/438(BNSS)) BETWEEN: SHRI UDAY SHRIPAD VERNEKAR AGE: 60 YEARS, OCC. NIL, R/O. KAJUSHITTA, CHITTAKULA, KARWAR. …PETITIONER (BY SRI. SHARAD M. PATIL, ADVOCATE) AND: DEEPAK MOHAN ANVEKAR AGE: 52 YEARS, OCC. GOLDSMITH PICKLE ROAD, KARWAR-581301. …RESPONDENT (BY SRI. N.M. PATIL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. (UNDER SECTION 438 R/W. 442 OF BNSS), SEEKING TO CALL FOR RECORDS OF THE CASE BEARING IN CC NO.520/2008 JMFC II COURT, KARWAR, AND THE RECORDS OF CRIMINAL APPEAL NO.100/2013 PASSED BY THE II ADDL.DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR AND ALLOW THE PRESENT REVISION PETITION AND SET ASIDE THE JUDGMENT DATED 03.02.2022 IN CRIMINAL APPEAL NO.100/2013 PASSED BY THE II ADDL.DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR AND ALSO SET ASIDE THE JUDGMENT DATED 16.04.2013 PASSED BY THE JMFC II COURT, KARWAR IN CC NO.520/2008 FOR OFFENCE UNDER SECTION 138 OF N.I. ACT AND SET THE PETITIONER/ACCUSED AT LIBERTY. THIS PETITION, COMING ON FOR ORDERS, 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: 2025.04.22 14:44:03 +0530 - 2 - NC: 2025:KHC-D:6415 CRL.RP No. 100082 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Parties and their respective counsel are present before this Court. 2. Sri.Nagangouda M. Patil, learned counsel files vakalath for the respondents. 3. Learned counsel for the revision petitioner has filed memo. Memo is acknowledged by the learned counsel for the respondent. Memo reads as under: “5 The revision petitioner has challenged the judgment dated 03/02/2022 in Criminal Appeal No. 100/2013 passed by the II Addl District and Sessions Judge, Uttara Kannada, Karwar confirming the judgement dated dated:-16/04/2013 passed by the II J.M.F.C. Court, Karwar in C.C. No. 520/2008 for offence under Section 138 of NI Act. 6 During the pendency of the petition, the petitioner and respondent have amicable settle the dispute the petitioner is paying Rs.50,000/- towards final payment to settle the matter. Total amount of Rs 50,000/- is paid by the Rev Petitioner to the respondent. - 3 - NC: 2025:KHC-D:6415 CRL.RP No. 100082 of 2025 7 The petition may kindly be disposed as compromised by filing joint memo and the judgment of conviction passed by the Courts below may kindly be set aside, in the interest of justice.” 4. Placing the memo on record, revision petition stands disposed off. 5. Agreed amount of compensation is paid by the revision petitioner to the respondent and same is acknowledged. 6. In view of the settlement between the parties, fine amount of Rs.5,000/- imposed by the trial Magistrate to be appropriated towards the defraying expenses of the State stands set aside. 7. Amount in deposit is ordered to be withdrawn by the complainant under due identification. Sd/- (V.SRISHANANDA) JUDGE AC CT:PA LIST NO.: 2 SL NO.: 3