- 1 - NC: 2025:KHC-D:5723 CRL.RP No. 100113 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100113 OF 2025 (397(CR.PC)/438(BNSS)) BETWEEN: ANJANI S/O. MALLESH NAIK, AGE: 50 YEARS, OCC. SUGARCANE CUTTER, R/O. BENDIGERI, SANNATANDA, TQ. HARAPANAHALLI, DIST. VIJAYANAGAR. …PETITIONER (BY SRI GIRISH V. BHAT, ADVOCATE) AND: SRI SRISHAIL S/O. BASAVANNEPPA UPPIN, AGE: 48 YEARS, OCC. AGRICULTURIST, R/O. JAMBYALGALLI, HALIYAL, TQ. HALIYAL, DIST. UTTARA KANNADA-581329. …RESPONDENT (BY SRI VITHAL K. NAYAK, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W. 401 OF CR.P.C. (U/S. 438 R/W. 442 OF BNSS), SEEKING TO ALLOW THE REVISION PETITION AND SET ASIDE THE IMPUGNED JUDGMENT AND ORDER PASSED BY THE I ADDL.DISTRICT AND SESSIONS COURT, KARWAR (SITTING IN SIRSI) AT SIRSI IN CRL.A.NO.5012/2023 DATED 14.12.2023 DISMISSING THE APPEAL AND ALSO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE SENIOR CIVIL JUDGE AND JMFC COURT, HALIYAL IN CC NO.33/2019 DATED 04.11.2022, FOR THE OFFENCE PUNISHABLE U/S. 138 OF N.I. ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.28 13:24:08 +0530 - 2 - NC: 2025:KHC-D:5723 CRL.RP No. 100113 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Revision petitioner is in custody. Son of the revision petitioner and respondent is present with their respective Advocates. Joint memo is filed, signed by the son of revision petitioner and the respondent. Joint memo reads as under: “Herein, the Advocate for Revision Petitioner most respectfully submits as follows: 1. That, the Revision Petitioner has challenged the impugned judgement and order of conviction passed by the learned Senior Civil Judge and JMFC, Haliyal in CC No. 33/2019 dated 04.11.2022 sentencing the Petitioner to pay compensation of Rs.2,85,000/- and to undergo simple imprisonment for a period of 3 months, and sentenced to pay a fine of Rs. 5,000/- and in default to undergo further imprisonment for 1 month for the offence punishable under Sec. 138 of Negotiable Instrument Act. 2. The Revision Petitioner had issued the cheque bearing No. 145503 dated 14.01.2019, of Karnataka - 3 - NC: 2025:KHC-D:5723 CRL.RP No. 100113 of 2025 Bank Ltd of Harapanahalli Branch, for repayment of Rs. 2,85,000/- which he had availed as advance for harvesting the sugarcane crop in the land of respondent, which he was required to repay as he failed to harvest the crop and the same was presented and was dishonoured on 19.01.2019 with the endorsement "Funds Insufficient" and thereupon the respondent issued a notice and the Revision Petitioner did not make the payment of the cheque amount and thereby committed the offence punishable under Sec. 138 of N.I Act. 3. That, now the Accused and complainant have come to amicable settlement by the intervention of the elders and in view of the settlement the accused have agreed to pay a sum of Rs. 1,40,000/- and the Respondent have agreed to receive the same as full and final satisfaction of the dispute. 4. That, in pursuance of the settlement today the representative of the accused have paid a sum of Rs. 1,40,000/- in cash to the complainant and the complaint has received the same. 5. It is pertinent to submit here itself that, since the accused is in judicial custody his son is before this Hon'ble Court to pay the amount to the complainant. - 4 - NC: 2025:KHC-D:5723 CRL.RP No. 100113 of 2025 6. The complaint hereby agrees that, he is fully satisfied with amount received and he will not continue any kind of proceedings against the accused in respect of the present dispute. Hence, the Joint Memo.” Placing the joint memo on record, revision petition stands disposed of. SD/- (V.SRISHANANDA) JUDGE KAV CT:PA LIST NO.: 2 SL NO.: 12