- 1 - NC: 2025:KHC-D:4456 CRL.RP No. 100216 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100216 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: AYATHULLAKHAN S/O. IQBALKHAN JAHAGIRADAR, AGE: 31 YEARS, OCCUPATION: BUSINESS, R/O. NEAR A.P.M.C, KALAGHATAGI, TQ. KALAGHATAGI, DISTRICT: DHARWAD, PIN-581204. …PETITIONER (BY SRI T.R. PATIL, ADVOCATE) AND: SMT. KOUSARBANU W/O. MOHAMMADKHAN HULAKOPPA, AGE: 43 YEARS, OCC. GOVT SERVICE, R/O. KAVALAWADA, TQ. HAIYAL, DISTRICT: UTTARA KANNADA, PIN-582113. …RESPONDENT (BY SRI GIRISH S HIREMATH, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS IN C.C.NO. 130/2018, ON THE SENIOR CIVIL JUDGE AND J.M.F.C. HALIYAL AND CRIMINAL APPEAL NO. 5059/2022 FROM THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE U.K. KARWAR, SITTING AT SIRSI AND SET-ASIDE THE JUDGMENT DATED 28.06.2022 PASSED IN C.C.NO. 130/2018 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND J.M.F.C. HALIYAL, CONVICTING THE PETITIONER FOR THE OFFENCES P/U/SEC. U/SEC. 138 OF NI ACT AND ALSO SET-ASIDE THE JUDGMENT DATED 16.03.2023 PASSED IN CRL. APPEAL NO. 5059/2022 PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE U.K. KARWAR, SITTING AT SIRSI CONFIRMING THE JUDGMENT OF CONVICTION OF THE TRIAL COURT AND ACQUIT, THE PETITIONER OF THE OFFENCE WITH WHICH HE HAS BEEN CONVICTED AND SENTENCED. V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.14 15:20:27 +0530 - 2 - NC: 2025:KHC-D:4456 CRL.RP No. 100216 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) Heard Sri.T.R.Patil and Sri.G.S.Hiremath, learned counsel for the parties. 2. Accused to suffer an order of conviction in CC No.138/2018. 3. After arguing the matter for sometimes, memo came to be filed by Sri.T.R.Patil. Same is acknowledged by Sri.G.S.Hiremath. Contents of the memo reads as under: “ That in the top noted case the petitioner has settled the matter for Rs.1,40,000/-.The petitioner has already deposited the amount of Rs.1,00,000/- and fine amount of Rs.5,000/- further remaining amount of Rs.40,000/- in two installments was give to respondent and fine amount was refund to petitioner, the same kindly same taken on record, in the interest of justice.” 4. Placing the memo on record, revision petition is disposed off on the condition that first installment of - 3 - NC: 2025:KHC-D:4456 CRL.RP No. 100216 of 2023 Rs.20,000/- on or before 30.04.2025 and remaining amount Rs.20,000/- on or before 31.05.2025. 5. In view of the settlement between the parties, there is no State machinery is involved as lis is privy to the parties, fine amount of Rs.5,000/- imposed by the trial Magistrate and confirmed by First Appellate Court, towards the defraying expenses of the State stands is set aside. 6. It is made clear that the balance amount of Rs.40,000/- is not paid as agreed above, the order of the trial Court confirmed by the First Appellate Court stands restored automatically. 7. Amount in deposit is ordered to be withdrawn by the complainant under due identification. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA LIST NO.: 2 SL NO.: 19