- 1 - NC: 2025:KHC-D:5756 CRL.RP No. 100379 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.100379 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: K. SAROJA W/O. K. P. OBAIAH, AGE: 76 YEARS, OCC. HOUSEHOLD, R/O. LITTLE FLOWERS HIGH SCHOOL, OPPOSITE TO P AND T QUARTERS, T. B. SANATORIUM ROAD, CANTONMENT, DIST. BALLARI-583102. …PETITIONER (BY SRI SHIVA SHIRUR, ADVOCATE) AND: K. JYOTHI W/O. K. SHANTHA KUMAR, AGE: 51YEARS, OCC. HOUSEHOLD, R/O. HOUSE NO.13A, DEEPU NILAYA, BANDIHATTI ROAD, OPP. GOLDSMITH COLONY, MUNCIPAL COLONY, BALLARI-583102. …RESPONDENT (BY SRI MAHESH WADEYAR, 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. 47/2022 VIDE ITS ORDER DATED 25.08.2022, 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. 687/2015, VIDE ITS ORDER DATED 06.01.2022 AND ACQUIT THE PETITIONER. V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.29 12:03:12 +0530 - 2 - NC: 2025:KHC-D:5756 CRL.RP No. 100379 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) Parties are present with respective Advocates and they present a joint memo. Joint memo reads as under: “That, the son of the Rev Petitioner Namely Shamkishor and respondent jointly submits as under That, with 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 That, the son of R.Petitioner has deposited Rs. 2,40,000/- before the trail court and respondent has already withdrawn the same. 2. That, the Son of Rev Petitioner hereby undertakes to pay remaining balance amount of Rs.3,60,000/- 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 in terms of this memo.” Placing the joint memo on record, revision petition stands disposed of. It is made clear that amount as agreed in the joint memo if not paid by the revision petitioner, order of the - 3 - NC: 2025:KHC-D:5756 CRL.RP No. 100379 of 2023 learned Trial Magistrate confirmed by the First Appellate Court stands restored automatically and respondent is at liberty to execute the impugned order. Amount in deposit is ordered to be withdrawn by the complainant under due identification. After payment of entire compensation amount, fine amount of Rs.10,000/- imposed by the learned Trial Magistrate confirmed by the First Appellate Court towards defraying expenses of the State stands set aside. SD/- (V.SRISHANANDA) JUDGE KAV CT:PA List No.: 2 Sl No.: 24