- 1 - NC: 2025:KHC-D:6216 CRL.RP No. 100233 of 2023 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.100233 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: PRATAPSING HANUMANTHSING RAJPUT AGE: 65 YEARS, OCC. BUSINESS, R/O. ANNIGERI, KERI ONI, ANNIGERI, TQ. ANNIGERI, DIST. DHARWAD-582201. …PETITIONER (BY SRI CHETAN T. LIMBIKAI, ADVOCATE) AND: SOMAPPA S/O. PARAPPA SUNKAD, AGE: 57 YEARS, OCC. AGRICULTURE, R/O. MULAGUND, GADAG, TQ. AND DIST. GADAG, PIN-582117. …RESPONDENT (BY SRI G.N. NARASAMMANAVAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT AND CONVICTION ORDER DATED 02.05.2023 PASSED BY THE COURT OF I ADDITIONAL PRINCIPAL JUDGE FAMILY COURT GADAG IN CRIMINAL APPEAL NO. 13/2022 AND CONSEQUENTLY ACQUIT THE PETIITNER BY SETTING ASIDE JUDGMENT AND CONVICTION ORDER DATED 08.07.2022 IN C.C.NO. 1256/2020 PASSED BY THE COURT OF THE II ADDITIONAL CIVIL JDUGE AND JMFC-II, GADAG, OFFNECE PUNISHABLE UNDER SECTION 138 OF NI ACT AND ACQUIT THE ACCUSED OF THE CHARGES LEVELLED AGAINST HIM. V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.19 10:32:15 +0530 - 2 - NC: 2025:KHC-D:6216 CRL.RP No. 100233 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) After addressing the arguments for sometime, learned counsel for the petitioner has filed a joint memo reporting the settlement. 2. 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 the fine amount of Rs. 1,00,000/- (one Lakh only) within a period of two months from today in two equal monthly installments. 2. The 1st installment will be paid by the petitioner on or before 08.05.2025 for Rs.50,000/- by way of RTGS/NEFT to the Bank Accounts of Respondent herein and the 2nd Installment will be paid on or before 08.06.2025 for Rs.50,000/- by way of RTGS/NEFT to the Bank Accounts of Respondent herein. 3. That the cheque amount is of Rs. 1,50,000/-.(one Lakh Fifty Thousand only) The petitioner has deposited Rs. 30,000/- before the Trial Court on 19/09/2022 and another sum of Rs. 30,000/- on 25/01/2022 before the Trial Court. The respondent/accused is at liberty to withdraw the amount as deposited by the petitioner/accused. - 3 - NC: 2025:KHC-D:6216 CRL.RP No. 100233 of 2023 Therefore, this Hon'ble court may be pleased to accept the joint memo in terms of the compromise as mentioned above in the interest of justice.” 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 compensation amount, 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 HMB CT:PA List No.: 2 Sl No.: 10