- 1 - NC: 2025:KHC-D:6119 CRL.RP No. 100221 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.100221 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: NAGMOHAN NANJUNDASHETTI DAVANGERI AGED ABOUT 62 YEARS, BUSINESS, R/O. MURKWAD, TQ. HALIYAL, UTTAR KANNADA DISTRICT-581329. …PETITIONER (BY SRI. VIJAY M. MALALI, ADVOCATE) AND: BASAVARAJ CHANNAPPA VIJAPUR AGED ABOUT 71 YEARS, BUSINESS, R/O. H.NO.65, KHB COLONY, VHANAPET ROAD, OLD HUBBALLI, DHARWAD DISTRICT-580020. …RESPONDENT (BY SRI. DINESH M. KULKARNI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND SENTENCE DATED 16.02.2023 PASSED BY THE FIRST ADDITIONAL DISTRICT AND SESSIONS JDUGE, UTTARA KANNADA KARWAR, SITTING AT SIRSI IN CRIMINAL APPEAL NO. 5054/2022 AND THE JUDGMENT AND SENTENCE DATED 24.06.2022 PASSED BY SENIOR CIVIL JUDGE AND J.M.F.C. COURT HALIYAL IN C.C.NO. 16/2018 OFFENCE PUNISHABLE UNDER SECTION 138 OF N. I CONSEQUENTLY THE PETITONER BE ACQUITTED. 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 15:58:03 +0530 - 2 - NC: 2025:KHC-D:6119 CRL.RP No. 100221 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Parties are present before the Court and file a joint memo reporting the settlement. 2. Joint memo reads as under: “The Petitioner and Respondent respectfully submit as under: 1. The parties have settled the matter as per the following terms: i. The Petitioner/accused has agreed to pay Rs.3,00,000/- (Including the amount of Rs. 1,00,000/- already deposited before the Court). ii. The 6 weeks time is granted to Petitioner to deposit in 2 installments. iii. The 1st installment shall be paid on 28.04.2025 and 2nd installment shall be paid on 19.05.2025. Therefore, the joint memo may kindly be accepted and petition may kindly be disposed of in terms of joint memo.” - 3 - NC: 2025:KHC-D:6119 CRL.RP No. 100221 of 2023 3. Placing the joint 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. 5. After the payment of agreed amount of compensation of Rs.3,00,000/- in full, 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.: 21