- 1 - NC: 2021:KHC-D:12886 CRL.RP No. 100340 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100340 OF 2021 (397(CR.PC)/438(BNSS)) BETWEEN: S. VIJAYA KUMAR S/O. NARASIMHULU, AGED ABOUT 44 YEARS, OCC. CARPENTER, R/O. PLOT NO. 16, CHRURCH AREA, R.S. NINGAPUR, MUNIRABAD, KOPPAL TQ. AND DIST., PIN-583234. …PETITIONER (BY SRI B. CHIDANANDA, ADVOCATE) AND: B. VERANNA S/O. LATE SHARANPPA, AGED ABOUT 67 YEARS, OCC. BUSINESS, R/O. JANARDHANA HOLLA COMPLEX, N.C. COLONY, HOSAPETE, VIJAYANAGAR DIST., PIN-583201. …RESPONDENT (BY SRI J. BASVARAJ, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W 401 OF CR.P.C., SEEKING TO CALL FOR ENTIRE RECORDS IN THE ABOVE CASE AND TO SET-ASIDE THE JUDGMENT DATED 20.09.2021, MADE IN CRIMINAL APPEAL NO.5029/2019, PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BALLARI, (SITTING AT HOSAPETE) AND ALSO THE JUDGMENT DATED 03.05.2019, MADE IN C.C.NO.1221/2016, PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC, HOSAPETE, FOR THE OFFENCE PUNISHABLE U/S. 138 OF N.I. ACT AND DISMISS THE COMPLAINT OF THE RESPONDENT HEREIN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.18 15:26:54 +0530 - 2 - NC: 2021:KHC-D:12886 CRL.RP No. 100340 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Parties are present before the Court. Memo is filed stating the payment of amount in installments. Memo reads as under: “It is humbly submitted that, this Hon'ble Court on 11-03-2025 directed me/Petitioner to file a memo with regard payment of balance Cheque amount of Rs.2,00,000/- (out of Rs.5,00,000/- Rs. 3,05,000/-deposited) Now I am agreeing to pay the balance Cheque amountof Rs.2,00,000/ to the complainant by way of 08 (Eight) equal instalments i.e. Rs. 25,000/- each on 10th of every month from the payment of 1st instalment. The payment details are shown as under:- 1) 1st Instalment of Rs. 25,000/- will be paid on or before 10-04-2025. 2) 2nd Instalment or Rs.25,000/- will be paid on or before 10-05-2025. 3) 3rd Instalment or Rs.25,000/- will be paid on or before 10-06-2025. 4) 4th Instalment or Rs.25,000/- will be paid on or before 10-07-2025. - 3 - NC: 2021:KHC-D:12886 CRL.RP No. 100340 of 2021 5) 5th Instalment or Rs.25,000/- will be paid on or before 11-08-2025. 6) 6th Instalment or Rs.25,000/- will be paid on or before 10-09-2025. 7) 7th Instalment or Rs.25,000/- will be paid on or before 10-10-2025. 8) 8th Instalment or Rs.25,000/- will be paid on or before 10-11-2025. 9) 8th Instalment or Rs.50,000/- will be paid on or before 10-12-2025. It is submitted that, in view of the serious injuries caused to me in the Motor Vehicle Accident, I am unable to do any work and I have no means to pay the balance of cheque amount, hence I sought for payment under above said instalments. Further my son has also under gone surgery. Under the said circumstances, I am unable to mobilize the amount to pay the balance cheque amount. Hence, I agreeing to pay balance amount as stated above and further permit me to deposit the above said instalment amount in the court of Addl. Civil Judge & JMFC, Hosapete, in C.C.No:1221/2016, If I fail to obey the above said terms and conditions, this Hon'ble Court may proceed against me in accordance with the law or as this Hon'ble Court deems fit - 4 - NC: 2021:KHC-D:12886 CRL.RP No. 100340 of 2021 under the circumstances of the case, in the ends of justice.” Placing the memo on record, revision petition is disposed of. Amount in deposit is ordered to be withdrawn by the complainant under due identification. If the agreed amount of compensation as per the memo is not paid by the revision petitioner and default of any one of the installments would automatically result in restoration of the order of the Trial Magistrate confirmed by the First Appellate Court. After the payment of entire compensation amount on 10.12.2025, the fine amount of Rs.10,000/- is set aside. Office is directed to return the trial court records for the purpose of issuing modified conviction order. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA LIST NO.: 2 SL NO.: 12