- 1 - NC: 2025:KHC-D:6045 CRL.RP No. 100098 of 2022 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.100098 OF 2022 (397(Cr.PC)/438(BNSS)) BETWEEN: MANJUNATH MONI S/O. NARAYANAPPA MONI, AGE: 38 YEARS, OCC. LABOUR, R/O. NEELAKANTESHWARA CAMP, 29TH WARD, BANDAE, SAMANA MALLAPPA, NEAR 4TH CROSS, GANGAVATHI, TALUKA: GANGAVATHI, DISTRICT: KOPPAL-583227. …PETITIONER (BY SRI SRINIVAS B. NAIK, ADVOCATE) AND: SMT.GOURAMMA POCHAGUNDI W/O. LAXMANA, AGE: 53 YEARS, OCC. HOUSEHOLD, R/O. NEELAKANTESHWARA CAMP, 25TH WARD, NEAR KSRTC BUS DEPOT, GANGAVATHI, TALUKA: GANGAVATHI, DISTRICT: KOPPAL-583227. …RESPONDENT (BY SRI SANTOSH B. MALAGOUDAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS OF THE COURTS BELOW AND ALLOW THIS REVISION PETITION AND SET-ASIDE THE JUDGEMENT AND ORDER DATED 09.02.2022 PASSED IN CRIMINAL APPEAL NO.11/2021 ON THE FILE OF 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOPPAL, SITTING AT GANGAVATHI AND SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 11.02.2021 PASSED IN CC NO.678/2019 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, GANGAVATHI, FOR THE OFFENCE PUNISHABLE UNDER MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.04.09 11:34:54 +0530 - 2 - NC: 2025:KHC-D:6045 CRL.RP No. 100098 of 2022 SECTION 138 OF N.I. ACT, AND THEREBY ACQUIT THE PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE N.I. ACT. THIS PETITION, COMING ON FOR HEARING, 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 file a joint memo reporting the settlement. 2. Joint memo reads as under: “In this, the Advocates for Petitioner and Respondent submit as under: 1. That, the Petitioner and the Respondent have mutually settled the matter between them. The Petitioner has agreed to pay a sum of Rs.55,000/- towards full and final settlement of the claim amount in CC No.678/2019. The Petitioner has deposited 50% of the cheque amount before the Trial Court, the Respondent is at liberty to withdraw the said amount. 2. The Petitioner has agreed to pay the remaining balance amount of Rs.24,500/- on or before 30/05/2025 (30th June 2025). The Respondent has agreed for the same. Both the parties request this Court to dispose of the Petition in terms of the joint memo filed. Wherefore, it is most humbly prayed that, this Hon'ble Court be pleased to dispose the - 3 - NC: 2025:KHC-D:6045 CRL.RP No. 100098 of 2022 above Revision Petition in terms of the joint memo in the interest of justice and equity.” 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.2,000/- 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 NAA CT:PA List No.: 2 Sl No.: 37