- 1 - NC: 2025:KHC-D:6258 CRL.RP No. 100295 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. 100295 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: DR. ABDULSAHEB MEHABOOBSAHEB KESARI S/O. MEHABOOBSAHEB KESARI AGE. 47 YEARS, RESIDING AT. ESI DISPENSARY WILSON GARDEN, NEAR DAIRY CIRCLE, BANNERGATTA ROAD, BENGALURU-560029. …PETITIONER (BY SRI. GANESH RAIBAGI, ADVOCATE) AND: SRI. BABU S/O. RAMCHANDRA MORE AGE. 54 YEARS, R/O. MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587313. …RESPONDENT (BY SRI. D.M. MALLI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W 401 OF CR.P.C. SEEKING TO REVERSE THE FINDING AND SENTENCE AGAINST THE PETITIONER PASSED BY THE PASSED IN CC NO.180/2020 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND JMFC, MUDHOL DATED 13.04.2022 VIDE ANNEXURE-B AND THE JUDGMENT DATED 10.04.2023 PASSED IN CRL.APPEAL NO. 5028/2022 BEFORE THE I ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE SITTING AT JAMKHANDI VIDE ANNEXURE-A THEREBY ACQUITTING THE PETITIONER FOR OFFENCE PUNISHABLE UNDER SECTION 138 R/W 142 OF N.I. ACT. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.09 15:58:04 +0530 - 2 - NC: 2025:KHC-D:6258 CRL.RP No. 100295 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) Revision petitioner is present before the Court so also the respondent with their respective Advocates. 2. Memo is filed by the revision petitioner stating that interim order has been complied and balance fine amount of Rs.2,00,000/- would be paid in four installment and first installment to be paid on or before 30.04.2025 and remaining three installments by the end of subsequent months. 3. Placing the memo on record, revision petition stands disposed of. 4. However, it is made clear that if the installment as agreed in the memo, if not paid by the revision petitioner, order of the learned Trial Magistrate confirmed by the First Appellate Court stands restored automatically. - 3 - NC: 2025:KHC-D:6258 CRL.RP No. 100295 of 2023 5. Amount in deposit is ordered to be withdrawn by the complainant/respondent under due identification. 6. After payment of the said balance amount of Rs.2,00,000/-, fine amount stands set aside and entire sum of Rs.4,00,000/- is to be paid as compensation to the complainant. Sd/- (V.SRISHANANDA) JUDGE KAV Ct-cmu LIST NO.: 2 SL NO.: 11