- 1 - NC: 2025:KHC-D:6448 CRL.RP No. 100266 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100266 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: SRI. MANJUNATH S/O. GURULINGAPPA RONAD, AGE: 48 YEARS, OCC. PRIVATE SERVICE, R/O. 22ND CROSS, TAPASHETTI BUILDING, NEAR AKKIMARADI PETROL BUNK, VIDYAGIRI, BAGALKOTE. …PETITIONER (BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE) AND: 1. 1A. 1B. 1C. SRI. YAMANAPPA S/O. NAGAPPA DURANNAVAR, AGE: 66 YEARS, OCC. RETIRED SERVICE, R/O. 3RD CROSS, VIDYAGIRI, BAGALKOTE. SINCE DECEASED BY HIS LRS., SMT. LEELAVATI W/O. YAMANAPPA DURANNAWAR, AGE: 67 YEARS, OCC. HOUSEWIFE, R/O. III CROSS, VIDYAGIRI, BAGALKOTE, TQ. AND DIST. BAGALKOTE. SMT. PARAVATI W/O. YAMANAPPA DURANNAWAR, AGE: 45 YEARS, OCC. HOUSEWIFE, R/O. III CROSS, VIDYAGIRI, BAGALKOTE, TQ. AND DIST. BAGALKOTE. SRI. SANTOSH S/O. YAMANAPPA DURANNAWAR, AGE: 28 YEARS, OCC. B.E.CIVIL, R/O. III CROSS, VIDYAGIRI, BAGALKOTE, V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.24 14:35:28 +0530 - 2 - NC: 2025:KHC-D:6448 CRL.RP No. 100266 of 2023 1D. 1E. 1F. TQ. AND DIST. BAGALKOTE. SRI. SANKET S/O. YAMANAPPA DURANNAWAR, AGE: 26 YEARS, OCC. STUDENT, R/O. III CROSS, VIDYAGIRI, BAGALKOTE, TQ. AND DIST. BAGALKOTE. SMT. SUDHA W/O. VIJAYAKUMAR HIREKURBAR, AGE: 28 YEARS, OCC. HOUSEWIFE, R/O. KONNUR, TQ.MUDDEBIHAL, DIST.VIJAYAPUR. KUMAR KAVITA D/O. YAMANAPPA DURANNAWAR, AGE: 21 YEARS, OCC. STUDENT, R/O. III CROSS, VIDYAGIRI, BAGALKOTE, TQ. AND DIST. BAGALKOTE. …RESPONDENTS (BY SRI. M.C. HUKKERI, AMICUS CURIAE FOR R1(A TO F)) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. SECTION 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS AND SET ASIDE THE ORDER DATED 06.10.2022 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BAGALKOTE IN CRL.A NO. 18/2021 CONFIRMING THE CONVICTION AND SENTENCE DATED 04.08.2021 PASSED BY THE 2ND ADDL. SENIOR CIVIL JUDGE AND J.M.F.C AT BAGALKOTE IN C.C.NO. 569/2021 CONVICTING THE REVISION PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT, BY ALLOWING THE REVISION PETITION. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:6448 CRL.RP No. 100266 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Parties and their respective counsels are present before this Court. 2. Learned counsel for the revision petitioner has filed memo filed. Joint memo reads as under: “Herein, the Application under Section 147 of Negotiable Instrument Act on behalf of Revision Petitioner and Respondent is as under:- That, the Respondent/complainant has filed the case as against the Rev. Petitioner/accused for the offence punishable U/Sec. 138 of N.I. Act. After recording the evidence the Hon'ble II nd ADDL. Senior Civil Judge, JMFC, Bagalkot convicted the appellant for the offence punishable U/sec.138 of N.I. Act in C.C.No.569/2021. and the same is confirmed by the Principal District and Sessions Judge, Bagalkot in Cr. Appeal No: 18/2021. Thereafter, the Revision Petitioner/accused preferred this revision petition being aggrieved by the judgement of conviction of Hon'ble trial court and first appellate court before this Hon'ble Court. Now the matter is settled amicably between the parties. That, the Revision petitioner/accused has already deposited an amount of Rs.1,05,000/- (Rupees One Lakh Five thousand Rupees only) - 4 - NC: 2025:KHC-D:6448 CRL.RP No. 100266 of 2023 before the Hon'ble IInd ADDL. Senior Civil Judge and JMFC, Bagalkot out of total compensation amount 1,50,000/-( One Lakh Fifty thousand Rupees Only) awarded by trial Court. The remaining balance amount of Rs.45.000/- (Rupees Forty Five thousand only) paid to the respondents before this Hon'ble Trial Court. The Revision Petitioner hereby given consent to the Respondent/Complainant to withdraw amount of Rs.1,0,5000/- deposited before Hon'ble IInd ADDL. Senior Civil Judge and JMFC, Bagalkot in C.C.No.569/2021. Hence, it is most humbly prayed that, the top noted case may kindly be compounded and conviction and Sentence in C.C.NO. 569/2021 confirmed by Principal District and Sessions Judge, Bagalkot may be set aside, on the above mentioned terms and condition in the interest of justice and equity.” 3. Placing the joint memo on record, the petition is disposed off. 4. Agreed amount of compensation is already paid and the same is acknowledged in the order sheet. 5. In view of the payment of agreed compensation amount, fine of Rs.1,000/- imposed by imposed by the trial Court and confirmed by the First Appellate Court towards defraying expenses of the State stands set aside. - 5 - NC: 2025:KHC-D:6448 CRL.RP No. 100266 of 2023 6. Amount in deposit is ordered to be withdrawn by the complainant under due identification. SD/- (V.SRISHANANDA) JUDGE AC CT:PA List No.: 2 Sl No.: 50