- 1 - NC: 2025:KHC-D:6115 CRL.RP No. 100024 of 2021 C/W CRL.RP No. 100026 of 2021 CRL.RP No. 100027 of 2021 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.100024 OF 2021 (397(CR.PC)/438(BNSS)) C/W CRIMINAL REVISION PETITION NO.100026 OF 2021 CRIMINAL REVISION PETITION NO.100027 OF 2021 IN CRL.RP.NO.100024/2021: BETWEEN: HANUMANTAPPA S/O. UDACHAPPA AGASIBAGIL, AGE: 53 YEARS, OCC. AGRICULTURE, R/O. HIREHALLI, TQ. BYADAGI, DIST. HAVERI-581110. …PETITIONER (BY SRI. VIJAY M. MALALI, ADVOCATE) AND: ANAND S/O. BABULAL JAIN, AGE: 45 YEARS, OCC. BUSINESS, R/O. BYADAGI, TQ. BYADAGI, DIST. HAVERI-581110. …RESPONDENT (BY SRI. NAGARAJ J. APPANNAVAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. SECTION 401 OF CR.P.C., SEEKING TO ALLOW REVISION PETITION AND SET ASIDE THE IMPUGNED MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.09 15:58:01 +0530 - 2 - NC: 2025:KHC-D:6115 CRL.RP No. 100024 of 2021 C/W CRL.RP No. 100026 of 2021 CRL.RP No. 100027 of 2021 JUDGMENT AND ORDER PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, HAVERI SITTING AT RANEBENNUR, IN CRL.A. NO.73/2019 DATED 04/09/2020 DISMISSING THE APPEAL AND ALSO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE CIVIL JUDGE AND JMFC, BYADAGI, IN C.C.NO.70/2016 DATED 03/10/2019 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT. IN CRL.RP.NO.100026/2021: BETWEEN: HANUMANTAPPA S/O. UDACHAPPA AGASIBAGIL, AGE: 50 YEARS, OCC. AGRICULTURE, R/O. HIREHALLI, TQ. BYADAGI, DIST. HAVERI-581116. …PETITIONER (BY SRI. VIJAY M. MALALI, ADVOCATE) AND: ANAND S/O. BABULAL JAIN, AGE: 45 YEARS, OCC. BUSINESS, R/O. BYADAGI, TQ. BYADAGI, DIST. HAVERI-581116. …RESPONDENT (BY SRI. NAGARAJ J. APPANNAVAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. SECTION 401 OF CR.P.C., SEEKING TO ALLOW REVISION PETITION AND SET ASIDE THE IMPUGNED JUDGMENT AND ORDER PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, HAVERI SITTING AT RANEBENNUR, IN CRL.A. NO.74/2019 DATED 04/09/2020 DISMISSING THE APPEAL AND ALSO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE CIVIL JUDGE AND JMFC, - 3 - NC: 2025:KHC-D:6115 CRL.RP No. 100024 of 2021 C/W CRL.RP No. 100026 of 2021 CRL.RP No. 100027 of 2021 BYADAGI, IN C.C.NO.71/2016 DATED 03/10/2019 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT. IN CRL.RP.NO.100027/2021: BETWEEN: HANUMANTAPPA S/O. UDACHAPPA AGASIBAGIL, AGE: 50 YEARS, OCC. GOVERNMENT EMPLOYEE, R/O. HIREHALLI, TQ. BYADAGI, DIST. HAVERI-581106. …PETITIONER (BY SRI. VIJAY M. MALALI, ADVOCATE) AND: ANAND S/O. BAHULAL JAIN, AGE: 45 YEARS, OCC. BUSINESS, R/O. BYADAGI, TQ. BYADAGI, DIST. HAVERI-581106. …RESPONDENT (BY SRI. NAGARAJ J. APPANNAVAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. SECTION 401 OF CR.P.C., SEEKING TO ALLOW REVISION PETITION AND SET ASIDE THE IMPUGNED JUDGMENT AND ORDER PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, HAVERI SITTING AT RANEBENNUR, IN CRL.A. NO.75/2019 DATED 04/09/2020 DISMISSING THE APPEAL AND ALSO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE CIVIL JUDGE AND JMFC, BYADAGI, IN C.C.NO.72/2016 DATED 03/10/2019 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:6115 CRL.RP No. 100024 of 2021 C/W CRL.RP No. 100026 of 2021 CRL.RP No. 100027 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Joint memo is filed by the learned counsel for the petitioner. Joint memo reads as under: “Advocate for Petitioner/ Respondent submit as under: The Revision petitioner and Respondents have compromised the above those cases as under: 1. The respondent has agree to receive the amount of Rs. 2,25,000/- as full and final settlement towards above three cases. 2. The petitioner is paying 25,000/- today and rest of 2,00,000/- he is ready to pay within two months and the respondent is agree for the same. 3. 1st installment of Rs. 1,00,000/- will be paid on or before 01.05.2025. 2nd installment of Rs. 1,00,000/- will be paid on 01.06.2025. The above settlement is full and final settlement is towards Crl.RP 100024/21, 100026/21 and 100027/21. The both the parties will fully agreed for the above conditions. - 5 - NC: 2025:KHC-D:6115 CRL.RP No. 100024 of 2021 C/W CRL.RP No. 100026 of 2021 CRL.RP No. 100027 of 2021 Hence same may finally be accepted and acquit the accused in and order or conviction may kindly be set aside in the ends of justice.” 2. Placing the joint memo on record, revision petitions stands disposed of. 3. It is made clear that the agreed amount of compensation if not paid as per joint memo, order of the trial Magistrate, confirmed by the First Appellate Court stands restored automatically. 4. After the payment of entire compensation amount, as agreed, compulsory imprisonment of five months, fine amount of Rs.3,000/- ordered towards the defraying expenses of the State stands set aside. 5. Amount in deposit is ordered to be withdrawn by the complainant under due identification. Sd/- (V.SRISHANANDA) JUDGE HMB CT:PA, LIST NO.: 2 SL NO.: 9