- 1 - NC: 2025:KHC-D:6041 CRL.RP No. 100028 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100028 OF 2020 (397(Cr.PC)/438(BNSS)) BETWEEN: L.S. MAHABOOB BASHA S/O. LATE L.S. FAKRUDDIN SAB, AGED ABOUT 51 YEARS, R/O. DOOR NO.121(2), CORPORATION WARD NO.10, PROPRIETOR OF HKMS ENTERPRISES, MILLER ROAD, MILERPET, BALLRI-583101. …PETITIONER (BY SRI M. AMAREGOUDA, ADVOCATE) AND: SRI T. NOOR MAHAMMED S/O. LATE T.H. AMMED RASOOL, AGED ABOUT 58 YEARS, R/O. DOOR NO.15, WARD NO.21, SRI DUGGI MADHAVAIAH STREET, COWL BAZAAR, BALLARI-583101. …RESPONDENT (BY SRI H.R. GUNGAPPA, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR RELEVANT RECORDS AND SET ASIDE THE JUDGMENT AND ORDER DATED 31/10/2019 PASSED IN CRL.APPEAL NO.33/2019 BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, AT BALLARI THERE BY DISMISSING THE APPEAL BY CONFIRMING THE JUDGMENT OF CONVICTION BY DATED 21/01/2019 IN C.C.NO.364/2011 PASSED BY THE II ACJ & JMFC, BALLARI, THE PETITIONER SENTENCED TO PAY FINE OF RS.3,10,000/- AND IN DEFAULT OF PAYMENT OF FINE AMOUNT THE ACCUSED / PETITIONER SHALL UNDERGO SIMPLE IMPRESSMENTS FOR PERIOD OF 3 MONTHS. Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6041 CRL.RP No. 100028 of 2020 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Parties are present before the Court and an application in I.A.No.1/2025 is filed under Section 147 of Negotiable Instruments Act, 1881 read with Section 482 of Cr.P.C. (Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023) for compounding the offence. 2. The said application reads as under: “1) It is submitted that the respondent has filed the private complaint under Sec.200 Cr.P.C. offence under Sec. 138 of N.I Act etc. The Petitioner/accused along with his brother approached Complainant borrowed some of Rs.3,80,000/- on 06/07/2010 from the Complainant of their urgent business and domestic need and on the same day they gave a cheque bearing No.271979 for the said amount without mentioning the date of the cheque. The complainant presented this cheque it was bounced. Therefore, it was alleged that the petitioner has committed an offence under Sec. 138 of N.I. Act. - 3 - NC: 2025:KHC-D:6041 CRL.RP No. 100028 of 2020 2) It is submitted that the Learned Trial Judge on trial has convicted the petitioner in C.C.No.. 364/2011 dated 21/01/2019, on II ACJ & JMFC Ballari, the petitioner sentenced to pay fine of Rs.3,10,000/- and in default of payment of fine amount the accused /petitioner shall undergo simple impressments for period of 3 months. On appeal by the petitioner before in the court of II Addl. District and Sessions Judge, at Ballari in Crl. Appeal No.33/2019 dated 31/10/2019, the Lower appellant court has concurred with the trial Judge. The petitioner has challenged the orders in above petition. 3) It is submitted that the both parties are agreed to cheque amount of Rs.3,80,000/-. The petitioner has already paid Rs.1,50,000/- during the trial on 19/1/2012 to 11/2/2014. The petitioner has already paid Rs.10,000/-out of the fine amount to the State in receipt No. 0440179 dated 3/9/2019 along with Rs.52,000/-. The total amount Rs.2,02,000/- has paid to the respondent. 4) It is submitted that, Today the petitioner has given the amount of Rs. 1,78,000/- by way of cash and the respondent has received - 4 - NC: 2025:KHC-D:6041 CRL.RP No. 100028 of 2020 the said amount in cash. The amount so paid is full and final settlement of all his claims and the Respondent has no claim, in C.C No.364/2011 and Crl. Appeal No.33/2019 against the petitioner. Hence the petition is compounding the offence and kindly be set aside the lower courts orders. WHEREFORE, it is prayed that this Hon'ble Court may be pleased to allow this application and offence may kindly be permitted to compound the offence as prayed & the Judgements impugned in C.C No.364/2011 and Crl. Appeal No.33/2019 against the petitioner may kindly be set aside and further give direction to lower court, in the interest of justice and equity.” 3. For the reasons assigned in the application, I.A.No.1/2025 is allowed and the parties are permitted to compound the sentence. 4. In view of settlement between the parties, revision petition stands disposed of. 5. In view of settlement, the fine amount of Rs.10,000/- ordered by the Trial Magistrate confirmed by - 5 - NC: 2025:KHC-D:6041 CRL.RP No. 100028 of 2020 the First Appellate Court towards the defraying expenses of the State is set aside. 6. Office is directed to return the Trial Court records with a copy of this order forthwith. 7. 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.: 32