- 1 - NC: 2025:KHC:8391 CRL.RP No. 19 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 19 OF 2025 BETWEEN: MR. ANUP SUMITH FERNANDES, S/O ALERT FERNANDES, AGED ABOUT 33 YEARS, R/AT D NO.2-3, BENJANPADAVU HOUSE, BELLUR, THENKABELLUR POST, MANGALORE TALUK - 574 219. …PETITIONER (BY SRI. RAJASHEKAR S.,ADVOCATE) AND: MR. PRAMOD SALIAN, S/O LAXMAN POOJARY, AGED ABOUT 38 YEARS, R/AT MATHRUSHREE HOUSE, KERVASHE POST, KARKALA TALUK, UDUPI DISTRICT - 574 104. …RESPONDENT (BY SRI. SURAJ BHAVIKATTI, ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGMENT DATED 08.11.2024 PASSED IN CRL.A.NO.277/2023 ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K. DISTRICT, MANGALURU IN PARTLY ALLOWING THE CRL.A Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8391 CRL.RP No. 19 of 2025 FILED BY THE RESPONDENT THEREBY MODIFYING THE DEFAULT SENTENCE TO UNDERGO SI FOR A PERIOD OF 06 MONTHS IN THE EVENT OF DEFAULT TO PAY THE FINE AMOUNT AND ALSO THE JUDGMENT AND ORDER OF CONVICTION DATED 25.10.2023 PASSED IN CC.NO.1736/2018 ON THE FILE OF THE JMFC IX COURT, MANGALURU, D.K. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.P.SANDESH ORAL ORDER Both the parties and their respective counsel have filed a joint memo and matter is settled for full and final settlement for an amount of Rs.2,00,000/- and already deposited an amount of Rs.53,000/- before the trial Court in terms of the order passed by the Appellate Court by way of demand draft dated 18.01.2024 bearing DD No.198580 and also in view of the settlement, the balance amount of Rs.1,47,000/- is paid by way of demand draft dated 13.02.2025 bearing DD No.198962 and the same is admitted and acknowledged by the respondent and learned counsel for the respondent, who is present before the Court. - 3 - NC: 2025:KHC:8391 CRL.RP No. 19 of 2025 2. In view of the settlement, the respondent is permitted to withdraw the amount already in deposit of Rs.53,000/- with proper identification and Hence, the joint memo is accepted and the same is supported by affidavit filed by both the petitioner and the respondent. 3. The petitioner also undertakes to pay the fine amount of Rs.5,000/- before the Trial Court, within one week and hence, directed to produce the receipt for having paid the fine amount of Rs.5,000/- before the Trial Court and produce the receipt before the registry, within ten days. 4. If the said receipt is not produced, list this matter on 11.03.2025. If the receipt is produced, no need to put up this matter on 11.03.2025. 5. The learned counsel for the petitioner also filed an application under Section 138 of the Negotiable Instruments Act, 1881 and invoke filing of application and also in view of settlement arrived at between the parties and joint memo filed by the parties, the revision petitioner is acquitted for the - 4 - NC: 2025:KHC:8391 CRL.RP No. 19 of 2025 offence under Section 138 of the Negotiable Instruments Act, 1881. Accordingly, the petition stands disposed of. Sd/- (H.P.SANDESH) JUDGE JY List No.: 1 Sl No.: 57 CT: BHK