- 1 - NC: 2025:KHC-D:6257 CRL.RP No. 100358 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.100358 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: H.M. BADIGER AGE: 46 YEARS, OCC. OWNER ORISON HYBRID SEEDS, R/O. LLP GOURISHANKAR NAGAR, KUSAGORVAR HOUSE, NEAR NEW BEO OFFICE, KAKIBORE, RANEBENNUR, TQ. RANEBENNUR, DIST. HAVERI. …PETITIONER (BY SRI. AVINASH BANAKAR, ADVOCATE) AND: MOUNESH S/O. BASAPPA BADIGER, AGE: 41 YEARS, OCC. SEEDS AGENT R/O. GUTTAL, TQ. AND DIST. HAVERI-581110. …RESPONDENT (BY SRI. B.M. PATIL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 OF CR.PC., SEEKING TO CALL FOR THE RELEVANT RECORDS AND TO SET ASIDE THE ORDER DATED 31.05.2023 PASSED BY THE COURT OF ADDL DISTRICT AND SESSIONS JUDGE, FTSC-I HAVER IN CRL.APPEAL NO. 11/2023 IN CONFIRMING THE ORDER OF CONVICTION AND SENTENCE DATED 31.12.2022 PASSED BY THE COURT OF ADDL CIVIL JUDGE AND JMFC HAVERI IN CRL.CASE NO. 614/2022 FOR OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6257 CRL.RP No. 100358 of 2023 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) A joint memo is filed reporting the settlement. Joint memo reads as under: “The Petitioner and Respondent begs to submit as under: 1. It is submitted that the Respondent had filed complaint against the petitioner in C.C.No.613/2022 and C.C.No.614/2022 under section 138 of N.I.Act with respect two cheques bearing No.025382 and 025381 for Rs.8,56,312/- and Rs.8,10,000/-. 2. The court below by an order dated 31.12.2022 has convicted the petitioner and the said orders were confirmed by the appellate court in Crl.A.No.11/2023 and Crl.A.No.12/2023. 3. It is submitted that the petitioner has preferred above two petition challenging the orders passed by the trial courts. In the present petitions the petitioner has already paid 40% of amount of cheque amount to the - 3 - NC: 2025:KHC-D:6257 CRL.RP No. 100358 of 2023 Respondent in view of the conditional order passed by this Hon'ble Court. Out of Rs.16,00,000/- the petitioner has paid Rs. 6,40,000/- 4. It is submitted that in view of amicable settlement between the parties the petitioner has agreed to pay the remaining amount of Rs.9,60,000/- in four instalments of Rs.2,40,000/- each on or before 30th of month end i.e., from April to July. 5. In terms of the same the respondent has agreed for the said terms and he has no objection to set-aside the impugned of judgment and conviction, in the interest of justice and equity.” Placing the joint memo on record, revision petition stands disposed of. It is made clear that agreed amount of compensation if not paid as per the joint memo, the order of the Trial Magistrate confirmed by the First Appellate Court stands restored automatically. - 4 - NC: 2025:KHC-D:6257 CRL.RP No. 100358 of 2023 After the payment of compensation amount, the fine amount of Rs.1,000/- ordered by the Trial Magistrate confirmed by the First Appellate Court towards the defraying expenses of the State is set aside. 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.: 5