- 1 - NC: 2025:KHC-D:4771 CRL.RP No. 100434 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100434 OF 2022 (397(CR.PC)/438(BNSS)) BETWEEN: SHRI ACHUT S/O. HANUMANT NAYAK, AGE: 64 YEARS, OCC. CONTRACTOR, R/O. T.S.S ROAD, SUPER MARKET, TOTAGER CO-OPERATIVE SALES SOCIETY LTD., BEHIND RICE MILL, OPPOSITE C.M.BHAT HOUSE, SIRSI, TQ. SIRSI, DIST. KARWAR-581401. …PETITIONER (BY SRI B.M. PATIL, ADVOCATE) AND: SRI ANJANEYA FINANCE AND INVESTMENT CORPORATION, HALEGEJJIHALLI, R/BY. NINGAPPA S/O. SHIVAPPA SHIRAGOD, AGE: 34 YEARS, OCC. PARTNER AND AGRICULTURE, R/O. HALEGEJJIHALLI, TQ. HANGAL, DIST. HAVERI-581110. …RESPONDENT (BY SRI I.Y. PATIL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397(1) R/W. 401 OF CR.P.C. AND U/S. 138 OF N.I. ACT., SEEKING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND ORDER PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, HAVERI IN CRL. APPEAL. NO. 65/2021 DATED 03.11.2022, CONFORMING THE JUDGMENT AND ORDER PASSED BY SENIOR CIVIL JUDGE AND JMFC, HANGAL IN C.C. NO. 171/2016, DATED 23.11.2021 BEING ILLEGAL AND AGAINST LAW. THE PETITIONER/ACCUSED FOR CONVICTION FOR THE OFFENCE PUNISHABLE U/SEC. 138 OF N.I. ACT, MAY BE ACQUITTED BY ALLOWING THE REVISION PETITION. V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.17 10:40:39 +0530 - 2 - NC: 2025:KHC-D:4771 CRL.RP No. 100434 of 2022 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) After addressing the arguments for some time, counsel for revision petitioner files a memo. Memo reads as under: “Herein the memo on behalf of the Revision Petitioner is as under; The revision petitioner is already to settle the above said matter for cheque amount of Rs. 4,00,000/- out of which Rs. 2,00,000/- of cheque amount is already paid before the lower appellate Court. Therefore now the revision petitioner will pay remaining Cheque amount Rs. 2,00,000/- within 8 (eight) weeks in 3 (Three) Instalments, in the below given manner; I) 1st Instalment of Rs. 65,000/- on or before 14/04/2025 II) 2nd Instalment of Rs. 65,000/- on or before 30/04/2025 III) 3rd Instalment of Rs. 70,000/- on or before 09/05/2025” - 3 - NC: 2025:KHC-D:4771 CRL.RP No. 100434 of 2022 Placing the memo on record, revision petition is disposed of. It is made clear that if the fine amount, as agreed in the memo, is not paid, accused shall undergo simple imprisonment for a period of six months. In view of the settlement, fine of Rs.5,000/- towards defraying expenses of the State is set aside as the lis is privy to the parties and no State machinery is involved. Amount in deposit is ordered to be withdrawn by the complainant under due identification. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA LIST NO.: 2 SL NO.: 42