- 1 - NC: 2025:KHC-D:6181 CRL.RP No. 100335 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100335 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: SRI YERRAPPA G. S/O. LATE RUDRAPPA AGED ABOUT 53 YEARS, OCC. AGRICULTURE, R/O. KAGGAL VILLAGE, TQ. AND DIST. BALLARI. …PETITIONER (BY SRI. T. HANUMAREDDY, ADVOCATE) AND: M/S VARDAVINAYAKA CREDIT SAHAKARA SANGA NIYAMITHA, SITUATES AT 2ND CROSS, 2 LINK ROAD, PARVATHI NAGAR, BALLARI, REPRESENTED BY ITS CEO N. PRABHU S/O. N. AYYAPPA, AGED ABOUT 44 YEARS, R/O. BASAVESHWARA NAGAR, BALLARI-583101. …RESPONDENT (BY SRI. J. BASAVARAJ, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS IN C.C.NO.639/2018 DATED 13.03.2023 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND J.M.F.C. AT BALLARI AND THE RECORDS ON THE FILE OF 4TH ADDITIONAL DISTRICT AND SESSION JUDGE (EXCLUSIVE DEDICATED TO COMMERCIAL COURT) AT BALLARI IN CRIMINAL APPEAL NO.18/2023 DATED 21.06.2023 AND ALLOW THIS REVISION PETITION CONSEQUENTLY SET ASIDE THE CONVICTION AND SENTENCE PASSED IN C.C.NO.639/2018 DATED 13.03.2023 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND J.M.F.C. AT BALLARI IN CONVICTING THE PETITIONER FOR OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT AND MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.09 15:58:05 +0530 - 2 - NC: 2025:KHC-D:6181 CRL.RP No. 100335 of 2023 SENTENCING TO PAY SUM OF RS.3,00,000/- ID UNDERGO SI FOR 6 MONTHS AND SET ASIDE JUDGMENT OF CONVICTION AND SENTENCE IN CRIMINAL APPEAL NO.18/2023 DATED 21.06.2023 ON THE FILE OF 4TH ADDL. DISTRICT AND SESSION JUDGE (EXCLUSIVE DEDICATED TO COMMERCIAL COURT) AT BALLARI AND ACQUIT THE PETITIONER FROM ALL THE CHARGES. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Memo is filed by the revision petitioner, signed by the revision petitioner and learned counsel for the revision petitioner. Memo reads as under: “Herein the Revision Petitioner is ready to settle the above said matter by paying the remaining amount of Rs.1,46,000/- in 6 installments i.e., Rs.24,334/- each month within a period of 6 months i.e., by 30th Sept. 2025. Hence this memo.” Placing the memo on record, revision petition stands disposed of. It is made clear that if the agreed amount of compensation if not paid as per the memo, order of the learned - 3 - NC: 2025:KHC-D:6181 CRL.RP No. 100335 of 2023 Trial Magistrate confirmed by the First Appellate Court stands restored automatically. After payment of entire compensation amount, fine amount of Rs.5,000/- ordered by the learned Trial Magistrate confirmed by the First Appellate Court stands restored automatically. Amount in deposit is ordered to be withdrawn by the complainant under due identification. Sd/- (V.SRISHANANDA) JUDGE KAV Ct-cmu LIST NO.: 2 SL NO.: 67