- 1 - NC: 2025:KHC-D:6264 CRL.RP No. 100033 of 2018 C/W CRL.RP No. 100034 of 2018 CRL.RP No. 100035 of 2018 CRL.RP No. 100036 of 2018 CRL.RP No. 100037 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100033 OF 2018 (397(CR.PC)/438(BNSS)) C/W CRIMINAL REVISION PETITION NO.100034 OF 2018 CRIMINAL REVISION PETITION NO.100035 OF 2018 CRIMINAL REVISION PETITION NO.100036 OF 2018 CRIMINAL REVISION PETITION NO.100037 OF 2018 IN CRL.RP.NO.100033/2018 BETWEEN: PRATAPSINGH S/O. HANUMANTSING RAJAPUTA, AGE: 61 YEARS, OCC. BUSINESS, R/O. ANNIGERI, TQ. NAVALGUND, DIST. DHARWAD. …PETITIONER (BY SRI. CHETAN T. LIMBIKAI, ADVOCATE) AND: N.M. KALYAL (T.M. KALYAL AS PER COMPLAINT) REPRESENTED BY SRI. MOHAMMADUSMAN S/O. MOHAMMADALI KALYAL, AGED ABOUT 45 YEARS, OCC. BUSINESS, R/O. BYADAGI, DIST. HAVERI. …RESPONDENT (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. SECTION 401 OF CR.PC, SEEKING TO SET ASIDE ORDER DATED 30/11/2017 IN CRIMINAL APPEAL NO.68/2015 PASSED BY THE COURT OF II ADDL. DISTRICT AND SESSIONS Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6264 CRL.RP No. 100033 of 2018 C/W CRL.RP No. 100034 of 2018 CRL.RP No. 100035 of 2018 CRL.RP No. 100036 of 2018 CRL.RP No. 100037 of 2018 JUDGE, HAVERI SITTING AT RANEBENNUR, CONFIRMING THE JUDGMENT AND ORDER IN C.C. NO.186/2009 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT, DATED 01/08/2015 PASSED BY THE COURT OF THE LEARNED CIVIL JUDGE, BYADAGI AND ALLOW THE ABOVE CRIMINAL REVISION PETITION. IN CRL.RP.NO.100034/2018 BETWEEN: PRATAPSING S/O. HANUMANTSING RAJAPUTA, AGE: 61 YEARS, OCC. BUSINESS, R/O. ANNIGERI, TQ. NAVALGUND, DIST. DHARWAD. …PETITIONER (BY SRI. CHETAN T. LIMBIKAI, ADVOCATE) AND: N.M. KALYAL (T.M. KALYAL AS PER COMPLAINT) REPRESENTED BY SRI. MOHAMMADUSMAN S/O. MOHAMMADALI KALYAL, AGED ABOUT 45 YEARS, OCC. BUSINESS, R/O. BYADAGI, DIST. HAVERI. …RESPONDENT (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SEC.401 OF CR.P.C., SEEKING TO SET ASIDE ORDER DATED 30.11.2017 IN CRL. APPEAL NO. 71/2015 PASSED BY THE COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE, HAVERI SITTING AT RANEBENNUR, CONFIRMING THE JUDGEMENT AND ORDER IN C.C.NO.139 OF 2009 DATED 01.08.2015 PASSED BY THE COURT OF THE LEANRED CIVIL JUDGE, BYADAGI AND ALLOW THE ABOVE CRL. REVISION PETITION. IN CRL.RP.NO.100035/2018 BETWEEN: PRATAPSING S/O. HANUMANTSING RAJAPUTA, AGE: 61 YEARS, OCC. BUSINESS, R/O. ANNIGERI, TQ. NAVALGUND, DIST. DHARWAD. …PETITIONER (BY SRI. CHETAN T. LIMBIKAI, ADVOCATE) AND: - 3 - NC: 2025:KHC-D:6264 CRL.RP No. 100033 of 2018 C/W CRL.RP No. 100034 of 2018 CRL.RP No. 100035 of 2018 CRL.RP No. 100036 of 2018 CRL.RP No. 100037 of 2018 N.M. KALYAL (T.M. KALYAL AS PER COMPLAINT) REPRESENTED BY SRI. MOHAMMADUSMAN S/O. MOHAMMADALI KALYAL, AGED ABOUT 45 YEARS, OCC. BUSINESS, R/O. BYADAGI, DIST. HAVERI. …RESPONDENT (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W SEC.401 OF CR.PC, SEEKING TO SET ASIDE ORDER DATED 30/11/2017 IN CRIMINAL APPEAL NO. 70/2015 PASSED BY THE COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE, HAVERI SITTING AT RANEBENNUR, CONFIRMING THE JUDGMENT AND ORDER IN C.C.NO.184/2009 DATED 01/08/2015 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT, PASSED BY THE COURT OF THE LEARNED CIVIL JUDGE, BYADAGI AND ALLOW THE ABOVE CRIMINAL REVISION PETITION. IN CRL.RP.NO.100036/2018 BETWEEN: PRATAPSING S/O. HANUMANTSING RAJAPUTA, AGE: 61 YEARS, OCC. BUSINESS, R/O. ANNIGERI, TQ. NAVALGUND, DIST. DHARWAD. …PETITIONER (BY SRI. CHETAN T. LIMBIKAI, ADVOCATE) AND: N.M. KALYAL (T.M. KALYAL AS PER COMPLAINT) REPRESENTED BY SRI. MOHAMMADUSMAN S/O. MOHAMMADALI KALYAL, AGED ABOUT 45 YEARS, OCC. BUSINESS, R/O. BYADAGI, DIST. HAVERI. …RESPONDENT (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. SECTION 401 OF CR.PC, SEEKING TO SET ASIDE ORDER DATED 30/11/2017 IN CRIMINAL APPEAL NO. 67/2015 PASSED BY THE COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE, HAVERI SITTING AT RANEBENNUR, CONFIRMING THE JUDGMENT AND ORDER IN C.C. NO.185/2009 DATED 01/08/2015 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT, - 4 - NC: 2025:KHC-D:6264 CRL.RP No. 100033 of 2018 C/W CRL.RP No. 100034 of 2018 CRL.RP No. 100035 of 2018 CRL.RP No. 100036 of 2018 CRL.RP No. 100037 of 2018 PASSED BY THE COURT OF THE LEARNED CIVIL JUDGE, BYADAGI AND ALLOW THE ABOVE CRIMINAL REVISION PETITION. IN CRL.RP.NO.100037/2018 BETWEEN: PRATAPSING S/O. HANUMANTSING RAJAPUTA, AGE: 61 YEARS, OCC. BUSINESS, R/O. ANNIGERI, TQ. NAVALGUND, DIST. DHARWAD. …PETITIONER (BY SRI. CHETAN T. LIMBIKAI, ADVOCATE) AND: N.M. KALYAL (T.M. KALYAL AS PER COMPLAINT) REPRESENTED BY SRI. MOHAMMADUSMAN S/O. MOHAMMADALI KALYAL, AGED ABOUT 45 YEARS, OCC. BUSINESS, R/O. BYADAGI, DIST. HAVERI. …RESPONDENT (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. SECTION 401 OF CR.PC, SEEKING TO SET ASIDE ORDER DATED 30-11-2017 IN CRIMINAL APPEAL NO.69/2015 PASSED BY THE COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE, HAVERI, SITTING AT RANEBENNUR, CONFIRMING THE JUDGMENT AND ORDER IN CC NO.138/2009 DATED 01-08-2015 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT. PASSED BY THE COURT OF THE LEARNED CIVIL JUDGE, BYADAGI, AND ALLOW THE ABOVE CRIMINAL REVISION PETITION. THESE PETITIONS COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC-D:6264 CRL.RP No. 100033 of 2018 C/W CRL.RP No. 100034 of 2018 CRL.RP No. 100035 of 2018 CRL.RP No. 100036 of 2018 CRL.RP No. 100037 of 2018 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Parties present. Joint memo is filed by the parties, signed by the parties and their respective Advocates. Joint memo reads as under: “Herein the advocate for the revision petitioner and respondent submits as under. 1. The Revision Petitioner/ accused is agreed to pay a sum of Rs.2,70,000/-(Two Lakh Seventy Thousand Only) to the respondent/ complainant herein in all the cases as mentioned in the cause title towards full and final settlement of the cheque involved in all the above cases. 2. The petitioner has already deposited a sum of Rs. 1,25,000/- (One Lakh Twenty Five Thousand only) before this Hon'ble court. The petitioner has no objections to withdraw the same by the respondent. 3. The Revision Petitioner under take to pay the balance amount of Rs.1,45,000/- to the repsondent in two instalments. Out of the balance amount the 1st instalment of Rs.70,000/- (Seventy Thousand Rupees Only) will be paid by way of RTGS/NEFT to the account of the respondent/comaplinant herein i.e.. T.M Kalyal Account No.50200010813786 of HDFC Bank, Haveri Branch, Haveri, IFSC Code: HDFC0001764, on or before 8.5.2025. 4. In 2nd instalment the raiming balance amount of Rs.75,000/- ( Seventy Five Thousand Rupees Only) will be paid by way of RTGS/NEFT to the account of the respondent/ comaplinant herein i.e., T.M Kalyal Account No.50200010813786 of HDFC Bank, Haveri - 6 - NC: 2025:KHC-D:6264 CRL.RP No. 100033 of 2018 C/W CRL.RP No. 100034 of 2018 CRL.RP No. 100035 of 2018 CRL.RP No. 100036 of 2018 CRL.RP No. 100037 of 2018 Branch. Haveri. IFSC Code: HDFC0001764, on or before 8.6.2025. Therefore, this Hon'ble court may be pleased to accept the joint memo in terms of the compromise as mentioned above and pass appropriate orders, in the interest of justice”. Placing the memo on record, revision petition stands disposed of. It is made clear that if the agreed amount of compensation if not paid as per the joint memo, order of the learned Trial Magistrate confirmed by the First Appellate Court stands restored automatically. After payment of entire compensation amount, fine amount of Rs.4,000/- each, in all these cases, ordered by the learned Trial Magistrate confirmed by the First Appellate Court towards defraying expenses of the State stands set aside. Amount in deposit is ordered to be withdrawn by the complainant/respondent under due identification. Sd/- (V.SRISHANANDA) JUDGE KAV CT:PA LIST NO.: 2 SL NO.: 28