- 1 - NC: 2025:KHC-D:5634 CRL.RP No. 100077 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100077 OF 2018 (397(CR.PC)/438(BNSS)) BETWEEN: VEERABHADRAPPA S/O. ANDAPPA BANDIHAL, AGED ABOUT 60 YEARS, OCC. AGRICULTURE, R/O. ABBIGERI, TQ. RON, DIST. GADAG. …PETITIONER (BY SRI RAJASHEKHAR B. HALLI, ADVOCATE) AND: M/S. BEJE AGRO INDUSTRIES OPP. LALXMI PLAZE, P.B. ROAD, HUBBALLI, BY ITS PROPRIETOR, MRS. JULIAT W/O. BALAVANTKUMAR GUNDIMANI, AGE: 53 YEARS, R/O. HUBBALLI, BY HER G P A HOLDER, SHRI BALAVANTKUMAR JOHN, GUNDIMANI. …RESPONDENT (BY SRI VIDYASHANKAR G. DALWAI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH 401 OF CR.P.C., SEEKING TO CALL FOR RECORDS AND TO SET ASIDE THE ORDER DATED 13.03.2018 PASSED IN CRL. APPEAL NO. 13/2014 BY THE V ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI CONFIRMING THE ORDER PASSED IN C.C.NO.774/2012 DATED 23.01.2014 PASSED BY THE PRL. CIVIL JUDGE AND JMFC, HUBBALLI, HEREBY CONVICTING THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND DIRECTING THE PETITIONER TO PAY A FINE OF RS.2,00,000/- FOR COMMITTING THE SAID OFFENCE AND IN CASE DEFAULT OF PAYMENT OF FINE AMOUNT, THE ACCUSED SHALL UNDERGO SIMPLE IMPRISONMENT FOR A PERIOD OF 6 MONTHS AND AN AMOUNT OF RS. 1,90,000/- SHALL BE PAID TO COMPLAINT AS COMPENSATION. V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.29 11:50:55 +0530 - 2 - NC: 2025:KHC-D:5634 CRL.RP No. 100077 of 2018 THIS PETITION, COMING ON FOR FINAL HEARING, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Learned counsel for the revision petitioner has filed memo. Memo is acknowledged by the learned counsel for the respondent. Memo reads as under: “Here in the Petitioner submit as under: The matter is posted before this Hon’ble court today. The offence is involved in this case Section 138 of Negotiable instrument act. Said cheque is covered of rupees is 1,60,000/- As per the direction of this Hon’ble court the Revision petitioner is ready to settle the matter. Before this fact the petitioner already deposited the sum amount before this Hon’ble court as well Trial Court also. After deducted the same petitioner is ready to pay the remaining balance amount of the Cheque in three instalments on or before 30.04.2025 in the interest of Justice and equity.” - 3 - NC: 2025:KHC-D:5634 CRL.RP No. 100077 of 2018 2. Placing the memo on record, revision petition stands disposed off. 3. It is made clear that if the agreed amount of compensation if not paid, order of the trial Magistrate confirmed by the First Appellate Court stands restored automatically. 4. After the payment of entire agreed compensation amount, fine amount of Rs.10,000/- imposed by the trial Magistrate to be appropriated 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 AC CT:PA LIST NO.: 2 SL NO.: 42