- 1 - NC: 2025:KHC-D:4458 CRL.RP No. 100232 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100232 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: SHRI MANOHAR S/O. KALLAPPA GOJAGEKAR, AGE: 40 YEARS, OCC. BUSINESS, R/O. H. NO.39, ALAVANT GALLI, TURUMARI, TAL. AND DIST. BELAGAVI, PIN CODE-590001. …PETITIONER (BY SRI MAHANTESH S. HIREMATH, ADVOCATE) AND: JAI SHANKAR KALKUNDRIKAR MULTI PURPOSE SOUHARD SAHAKARI LTD., NATH PAI CIRCLE, SHAHAPUR, BELAGAVI, P/BY. IT IS AUTHORIZED SIGNATORY, SHRI VINAYAK GOPAL PATIL, AGE: 37 YEARS, OCC. SERVICE, R/O. PATIL GALLI, YALLUR, TAL. AND DIST. BELAGAVI, PIN CODE-590008. …RESPONDENT (BY SRI PRASHANT S. HOSAMANI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS AND ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGMENT PASSED IN CRIMINAL APPEAL NO. 187/2022 DATED ON 24.03.2023 PASSED BY THE IX ADDL. DIST. AND SESSION JUDGE BELAGAVI AND ALSO THE JUDGMENT AND ORDER PASSED IN C.C.NO.434/2017 DATED 18.05.2022 PASSED BY VIII J.M.F.C. BELAGAVI THE FOR THE OFFENCE P/U/SEC. 138 OF N.I. ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.14 16:02:45 +0530 - 2 - NC: 2025:KHC-D:4458 CRL.RP No. 100232 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) After arguing the matter for some time, counsel for revision petitioner files a memo. Counsel for respondent has no objection to dispose of the revision petition in terms of the memo. 2. Contents of memo read as under: “Herein, memo filed on behalf of petitioner, the cheque amount of is 2,00,000/- Rupees and of that 50% of cheque amount has been paid and Respondent has been withdrawn the amount. Kindly seek three weeks of time to pay the rest 50% of cheque amount.” 3. Placing the memo on record, revision petition stands disposed of. 4. It is made clear that the aforesaid amount, as agreed in the memo, if not paid, the order passed by the learned Trial Magistrate confirmed by the First Appellate Court stands restored automatically. - 3 - NC: 2025:KHC-D:4458 CRL.RP No. 100232 of 2023 5. In view of the above, fine amount of Rs.2,000/- ordered by the Trial Magistrate confirmed by the First Appellate Court towards defraying expenses of the State stands set aside as the lis is privy to the parties and no State machinery is involved. 6. 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.: 21