- 1 - NC: 2025:KHC-D:4970 CRL.RP No. 100359 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100359 OF 2022 (397(Cr.PC)/438(BNSS)) BETWEEN: ADIVEPPA S/O. PARASAPPA KONKANI, AGE: 46 YEARS, OCC. BUSINESS, R/O. SIDDAPUR, TQ. BAGALKOTE, DIST. BAGALKOTE, PIN: 591301. …PETITIONER (BY SRI SHIVARAJ P. MUDHOL, ADVOCATE) AND: THE GURU KADASIDDESHWAR SOUHARDH CREDIT CO-OP LIMITED, JAMKHANDI, REPRESENTED BY ITS ACCOUNTANT SHRI VINOD S/O. VINAYAK PHOTE, AGE: 41 YEARS, OCC. ACCOUNTANT, R/O. THE GURU KADASIDDESHWAR SOUHARDH CREDIT CO-OP LIMITED, JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOTE, PIN: 591301. …RESPONDENT (BY SRI PRASHANT S. KADADEVAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C., SEEKING TO CALL FOR RECORDS AND TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER OF CONFIRMATION DATED 03.09.2022 IN CRIMINAL APPEAL NO. 58/2020 PASSED BY THE I ADDL. DIST AND SESSION JUDGE AT BAGALKOTE TO SIT AT JAMKHANDI BY DISMISSING THE APPEAL FILED BY THE PETITIONER AND CONFIRMED THE JUDGMENT AND ORDER OF CONVICTION DATED 07.10.2020 IN C.C.NO. 347/2016 PASSED BY THE ADDITIONAL CIIVL JUDGE AND JMFC COURT JAMKHANDI, FOR OFFENCES U/S. 138 OF N.I. ACT AND TO DISMISS THE COMPLAINT FILED BY THE RESPONDENT BY ALLOWING THIS REVISION. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4970 CRL.RP No. 100359 of 2022 THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. After addressing arguments for sometime, Sri.Shivaraj P. Mudhol, learned counsel for the revision petitioner files a memo, which reads as under: “The Advocate for the Petitioner begs to submit as under:- That the petitioner has challenged the impugned order of convocation in C.C. No. 247/2016 dated 07/10/2020 passed by the Civil Judge and JMFC Jamkhandi, which was confirmed in Criminal Appeal No. 58/2020 dated 03/09/2022 passed by the 1st Additional District and Sessions Judge at Bagalkot, Sitting at Jamkhandi, by urging various grounds. The trail court passed an order that the petitioner has pay a sum of Rs. 2,84,032/- out of fine amount the petitioner has to pay 2,79,032 /- to the complainant, and amount a sum of Rs. 5,000/- is deposit in favour of Government. The petitioner has already deposited fallowing amount: 1. on 18/11/2020 a sum of Rs. 69,758/- 2. on 22/11/2022 a sum of Rs. 50,000/- - 3 - NC: 2025:KHC-D:4970 CRL.RP No. 100359 of 2022 Total: Rs. 1,19,758/- 2,79,032-1,19,758 = 1,59,274 (remaining amount) That the petitioner undertakes to pay / deposit remaining amount a sum of Rs. 1,59,274/-, ( round of 1,60,000/-) within a period of 3 months from today in 3 instalments as stated below: 1) 1st instalment on 18/04/2024 for Rs. 50,000/- 2) 2nd instalment on 18/05/2024 for Rs.50,000/- 3) 3rd instalment on 18/06/2024 for Rs. 60,000/- Total: Rs. 1,60,000/- 2. Placing the memo on record, the criminal revision petition is stand disposed of. 3. It is made clear that the compensation amount has agreed in the memo, if not paid, the order of the trial Magistrate confirmed by the first appellate court stand restore automatically. 4. After the payment of the entire compensation amount as agreed, the fine amount of Rs.5,000/- stands set aside. - 4 - NC: 2025:KHC-D:4970 CRL.RP No. 100359 of 2022 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.: 70