- 1 - NC: 2025:KHC-D:6117 CRL.RP No. 100331 of 2022 C/W CRL.RP No. 100329 of 2022 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.100331 OF 2022 (397(Cr.PC)/438(BNSS)) C/W CRIMINAL REVISION PETITION NO.100329 OF 2022 In CRL.RP.NO.100331/2022: BETWEEN: M/S. MADHU RICE CORNER R/BY ITS PROPRIETOR B.E. MADHU KUMAR, S/O. B.V. ESHWARAPPA, AGE: 40 YEARS, OCC. BUSINESS, R/O. NO.8B, 14TH MAIN, A BLOCK, SUBRAMANYA NAGAR, YESHWANTHAPUR, BENGALURU-560022. …PETITIONER (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: M/S. MEENAKSHI ENTERPRISES R/BY ITS PROPRIETOR B. ANISH KUMAR JAIN, S/O. M. BHIKARM KUMAR JAIN, AGE: NOT KNOWN, OCC. BUSIENSS, NO. 20, 1ST CROSS, APMC YARD, BALLARI-58101. …RESPONDENT (BY SRI. MAHESH WADEYAR, ADVOCATE) THIS CRIMINAL REVISION PETITION FILED UNDER SECTION 397(1) R/W. 401 OF CR.P.C., SEEKING TO CALL FOR THE RELEVANT RECORDS, ALLOW THIS REVISION AND SET-ASIDE THE ORDER DATED 18.08.2022 PASSED IN CRL.APPEAL NO.37/2022 BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE (COMMERCIAL MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.09 15:58:05 +0530 - 2 - NC: 2025:KHC-D:6117 CRL.RP No. 100331 of 2022 C/W CRL.RP No. 100329 of 2022 COURT) AT BALLARI, THEREBY CONFIRMING THE ORDER PASSED BY THE I ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI, IN CC NO.1092/2018 DATED 04.03.2022 THEREBY CONVICTING THE PETITIONER FOR OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND DIRECTING THE PETITIONER TO PAY A FINE OF RS.3,00,000/- WITH DEFAULT CLAUSE FOR 1 YEAR SI. In CRL.RP.NO.100329/2022: BETWEEN: M/S. MADHU RICE CORNER R/BY ITS PROPRIETOR B.E. MADHU KUMAR, S/O. B.V. ESHWARAPPA, AGE: 40 YEARS, OCC. BUSINESS, R/O. NO.8B, 14TH MAIN, A BLOCK, SUBRAMANYA NAGAR, YESHWANTHAPUR, BENGALURU-560022. …PETITIONER (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: M/S. MEENAKSHI ENTERPRISES R/BY ITS PROPRIETOR B. ANISH KUMAR JAIN, S/O. M. BHIKARM KUMAR JAIN, AGE: NOT KNOWN, OCC. BUSIENSS, NO. 20, 1ST CROSS, APMC YARD, BALLARI-58101. …RESPONDENT (BY SRI. MAHESH WADEYAR, ADVOCATE) THIS CRIMINAL REVISION PETITION FILED UNDER SECTION 397(1) R/W. 401 OF CR.P.C., SEEKING TO CALL FOR THE RELEVANT RECORDS AND ALLOW THIS REVISION AND SET-ASIDE THE ORDER DATED 18.08.2022 PASSED IN CRL.APPEAL NO.36/2022 BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE (COMMERCIAL COURT) AT BALLARI, THEREBY CONFIRMING THE ORDER PASSED BY THE I ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI, IN CC NO.1091/2018 DATED 04.03.2022 THEREBY CONVICTING THE PETITIONER FOR OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND DIRECTING THE PETITIONER TO PAY A FINE OF RS.60,000/- WITH DEFAULT CLAUSE FOR 6 MONTHS SI. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:6117 CRL.RP No. 100331 of 2022 C/W CRL.RP No. 100329 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Parties present. 2. They presented a joint memo. Joint memo reads as under; “The petitioner and respondent have agreed to get the matter resolved for sum of Rs. 3,20,000/-. The payment made today is in respect of the both the above referred criminal revision petitions. Accordingly today petitioner is paying a balance sum of Rs. 1,40,000/- by way of cash before this Hon’ble Court. Hence this memo. The petitioner has no objection to withdraw the amount in deposit before Court below in both cases.” 3. Sum of Rs.1,35,000/- is tendered in cash in respect of both the cases. Same is acknowledged by the counsel for respondent- complainant. 4. Placing the joint memo on record, revision petitions stands disposed of. - 4 - NC: 2025:KHC-D:6117 CRL.RP No. 100331 of 2022 C/W CRL.RP No. 100329 of 2022 5. In view of the disposal of the revision petition as per the joint memo, fine amount of Rs.5,000/- ordered by the trial Magistrate and confirmed by the First Appellate Court is hereby set aside. 6. Amount in deposit is ordered to be withdrawn by the complainant. Sd/- (V.SRISHANANDA) JUDGE HMB CT:PA List No.: 2 Sl No.: 10