- 1 - NC: 2025:KHC-D:2804 CRL.RP No. 100157 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL REVISION PETITION NO.100157 OF 2023 [397(CR.PC)/438(BNSS)] BETWEEN: MUSTAQ AHMED S/O. ABDUL KHADARSAB, AGE: 58 YEARS, OCC. PROPRIETOR OF DAVANGERE MAHESH BEEDI WORKS, R/O. NO. 1013 SAJEED, BETUR, DAVANGERE-577001. … PETITIONER (BY SRI NAVEEN CHATRAD, ADVOCATE) AND: JAGADEESHLAL M.PALIWAL, AGE: 78 YEARS, OCC. PROPRIETOR OF M/S J.M. PALIWAL, R/O. RANEBENNUR, DIST. HAVERI-581115. … RESPONDENT (BY SRI S.B. PATIL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS AND SET ASIDE JUDGMENT AND ORDER OF CONVICTION DATED 26.12.2018 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE AT HAVERI (SITTING AT RANEBENNUR) IN CRL.A NO. 29/2015 CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION DATED 07.03.2015 PASSED BY THE LEARNED ADDL. CIVIL JUDGE AND II ADDL. JMFC, RANEBENNUR IN CC NO. 626/2007 AND CONSEQUENTLY ACQUIT THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I. ACT. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.02.13 14:37:06 +0530 - 2 - NC: 2025:KHC-D:2804 CRL.RP No. 100157 of 2023 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This criminal revision petition is filed by sole accused (petitioner) challenging judgment of conviction and order of sentence dated 26.12.2018 by II Additional District and Sessions Judge, Haveri (sitting at Ranebennur) in Crl.A.no.29/2015 confirming judgment of conviction and order of sentence dated 07.03.2015 passed by Additional Civil Judge and II Additional JMFC, Ranebennur in C.C.no.626/2007 for offences punishable under Section 138 Negotiable Instruments Act, 1881 (‘NI Act’ for short). 2. Petitioner – accused and GPA Holder of respondent – complainant and their respective counsel are present. 3. Parties have filed memorandum of petition under Section 147 of NI Act reporting compromise stating that matter is settled between parties. Respondent – complainant had already received cash of Rs.3,04,000/- as full and final settlement towards cheque amount. - 3 - NC: 2025:KHC-D:2804 CRL.RP No. 100157 of 2023 4. On interaction, parties have stated that terms of compromise are explained to them and after understanding same, they have affirmed compromise out of their free will and volition without there being any threat, coercion or inducement from anybody. 5. Compromise petition reads as under: “COMPROMISE PETITION U/S 147 OF N.I. ACT, 1881. 1. It is submitted that Petitioner has filed the above Criminal Revision Petition against the judgment and order of conviction dated 26-12- 2018 passed by the Ld. II Additional District & Sessions Judge At: Haveri (Sitting At Ranebennur) in Crl.A.No.29/2015 confirming the judgment and order of conviction dated 07-03-2015 passed by the Ld. Addl. Civil Judge & II Addl. JMFC, Ranebennur in CC No.626/2007 for the offence punishable under section 138 of NI Act, whereby After hearing the Trail Court vide order dated 07-03-2015 convicted the Accused/Petitioner for the offence punishable U/s 138 of NI Act and the accused sentenced to pay fine of Rs.5,00,000/- and for non-payment of fine, accused shall undergo simple imprisonment for 2 years and out of the fine amount of Rs.4,95,000/- shall be given to the complainant as compensation and balance amount of Rs.5,000/- shall be remitted to the State. 2. It is submitted that during the pendency of the above petition due to intervention of elders and mediation of the well wishers both the Petitioner and Respondent and his GPA holder have amicably settled the above case on the following terms and conditions: - 4 - NC: 2025:KHC-D:2804 CRL.RP No. 100157 of 2023 i) that the Respondent / Complainant has already received the Cheque amount of Rs.3,04,000/- (Rupees Three Lakh and Four Thousand only) as full and final settlement amount by way of cash from the Petitioner/Accused in front of the elders. ii) that the Respondent/ Complainant has no objection to set aside the order of convictions passed by the courts below. 3. It is further submitted that the said compromise entered between the parties voluntarily and without any coercion or undue influence. Therefore it is respectfully prayed that, this Hon'ble Court may kindly be pleased to record the compromise in the aforesaid terms and allow the above Petition and set aside the judgment and order of conviction dated 26-12-2018 passed by the Ld. II Additional District & Sessions Judge At: Haveri (Sitting At Ranebennur) in Crl.A.No.29/2015 confirming the judgment and order of conviction dated 07-03-2015 passed by the Ld. Addl. Civil Judge & II Addl. JMFC, Ranebennur in CC No.626/2007 for the offence punishable under section 138 of NI Act, for the offence punishable under section 138 of NI Act and consequently acquit the Accused for the offence punishable under section 138 of NI Act in the above case, in the ends of justice and equity.” 6. GPA Holder of respondent - complainant acknowledges receipt of amount of Rs.3,04,000/- as detailed in compromise petition duly signed by both parties and their learned counsel. - 5 - NC: 2025:KHC-D:2804 CRL.RP No. 100157 of 2023 7. In light of compromise entered into between parties, terms of compromise are accepted. Hence, I proceed to pass following: ORDER i) Criminal Revision Petition is allowed in terms of compromise. ii) Judgment dated 26.12.2018 passed in Crl.A.no.29/2015 by II Additional District and Sessions Judge, Haveri (sitting at Ranebennur) confirming judgment of conviction and order of sentence dated 07.03.2015 passed by Additional Civil Judge and II Additional JMFC, Ranebennur in C.C.no.626/2007, are set aside. iii) Consequently petitioner - accused is acquitted for offence punishable under Section 138 of NI Act. iv) Bail bond/surety of accused shall stand cancelled. SD/- (RAVI V.HOSMANI) JUDGE GRD CT:PA LIST NO.: 1 SL NO.: 27