- 1 - NC: 2025:KHC-D:5739 CRL.RP No. 100380 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100380 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: K. SAROJA W/O. K.P. OBAIAH, AGE: 66 YEARS, OCC. HOUSEHOLD, R/O. LITTLE FLOWERS HIGH SCHOOL, OPPOSITE TO P & T QUARTERS, T. B. SANATORIUM ROAD, CANTONMENT, DIST. BALLARI-583102. …PETITIONER (BY SRI SHIVA SHIRUR, ADVOCATE) AND: HANUMESH B. S/O. LATE NANIKAPPA, AGE: 47 YEARS, OCC. AGRICULTURIST, R/O. 3RD CROSS, NEAR CANAL, KUVEMPU NAGAR, DIST. BALLARI-583102 …RESPONDENT (BY SMT.SOUBHAGYA S. VAKKUND, ADVOCATE FOR SRI Y. LAKSHMIKANT REDDY, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS OF THE COURTS BELOW AND FURTHER ALLOW THE REVISION PETITION BY SETTING ASIDE THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE, (COMMERCIAL COURT) AT BALLARI, IN CRL. APPL. NO. 17/2021 VIDE ITS ORDER DATED 28.01.2022, AND THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE II ADDL. CIVIL JUDGE AND J.M.F.C AT BALLARI IN C.C.NO. 1063/2015, VIDE ITS ORDER DATED 06.02.2021 AND ACQUIT THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.04 15:53:19 +0530 - 2 - NC: 2025:KHC-D:5739 CRL.RP No. 100380 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Parties present. 2. They filed the joint memo. Joint memo reads as under: “That, the son of the Rev Pettioner Namely Shamkishor and respodnent jointly submits as under That, wih the intervention of elders and well wishers, the parties to the lis have entered into joint memo as below. 1. That, the son of R. Petitioner has deposited Rs. 1,84,500/- before the trail court and respodnent has already withdrawn the same. 2. That, the Son of Rev Petitioner hereby undertakes to pay remaining balance amount of Rs.4,30,500/- within 6 months from today. That, the Son of rev petitioner and respondent hereby agreed to the above mentioned terms, and the same may kindly be taken on record and the top noted Petition may be disposed off terms of this memo.” - 3 - NC: 2025:KHC-D:5739 CRL.RP No. 100380 of 2023 3. Placing the joint memo on record, revision petition stands disposed of. 4. It is made clear that if the agreed amount of compensation is not paid, order of the trial Magistrate confirmed by the First Appellate Court stands restored automatically. 5. After the payment of entire compensation amount as agreed, sum of Rs.5,000/- awarded by the trial Magistrate confirmed by the First Appellate Court, towards the defraying expenses of the State stands set aside. 6. Amount in deposit is ordered to be withdrawn by the complainant under due identification. 7. Office is directed to return the trial Court records along with copy of this order for issue of modified conviction warrant. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA LIST NO.: 2 SL NO.: 25