- 1 - NC: 2025:KHC-D:5381 CRL.RP No. 100326 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100326 OF 2017 (397(Cr.PC)/438(BNSS)) BETWEEN: CHANDRASHEKARAGOUDA S/O. BASANAGOUDA PATIL, AGE: 40 YEARS, OCC. BUSINESS, R/O. BEHIND B.ED COLLEGE, KARIYAMMA KALLU BADAVANE, GADAG. …PETITIONER (BY SRI B.G. INDI, ADVOCATE FOR SRI K.L. PATIL, ADVOCATE AND SRI SRINIVAS B. NAIK, ADVOCATE) AND: ANAND S/O. BHARATARAJ PAWAR, AGE: 32 YEARS, OCC. BUSINESS, R/O. KILLA ONI, GADAG. …RESPONDENT (BY SRI G.N. NARASAMMANAVAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 AND 401 OF CR.P.C., SEEKING TO CALL FOR RECORDS AND TO ALLOW THIS CRL. REVISION PETITION AND TO SET ASIDE THE JUDGMENT AND ORDER DATED 26.09.2017 PASSED IN CRL. APPEAL NO. 37 OF 2016 ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, GADAG AND TO SET ASIDE THE JUDGEMENT AND ORDER OF CONVICTION AND SENTENCE DATED 20.05.2016 PASSED IN C.C.NO. 1329 OF 2015 ON THE FILE OF I ADDL. CIVIL JUDGE AND JMFC -I GADAG FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ACQUIT THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NI ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5381 CRL.RP No. 100326 of 2017 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Parties are present before the Court. Memo is filed by the parties reporting the settlement. Memo reads as under: “In this, the Petitioner/Accused and the Respondent/Complainant most respectfully submit as under: 1. It is submitted that, the Respondent/Complainant had filed a private complaint before the learned I Addl. Civil Judge and JMFC I Court, Gadag in C.C. No. 1329/2015 against the Petitioner/Accused for the offence of 138 of NI Act in respect of dishonour of a cheque bearing No. 247152 of Axis Bank, Gadag Branch for a sum of Rs. 5,00,000/- for encashment through Karnataka Bank, Gadag Branch. 2. It is submitted that, the C.C. No. 1329/2015 on the file of the learned I Addl. Civil Judge and JMFC 1 Court, Gadag came to - 3 - NC: 2025:KHC-D:5381 CRL.RP No. 100326 of 2017 be allowed and thereby the Petitioner/Accused was convicted by judgment and order of conviction and sentence dated 20/05/2016. The Petitioner/Accused was convicted to pay a fine amount of Rs. 5,10,000/-, and in default of payment of fine, he shall undergo simple imprisonment for a period of six months for the offence punishable under Section 138 of NI Act. And subsequently, the Petitioner preferred criminal appeal challenging the judgment and order of conviction and sentence of the trial Court before the Addl. District and Sessions Judge, Gadag in Crl. Appeal No. 37/2016, the learned District and Sessions Judge by judgment and order dated 26/09/2017 dismissed the appeal filed by the Petitioner/Accused and confirmed the judgment and order of conviction and sentence dated 20/05/2016 passed by the learned I Addl. Civil Judge and JMFC I Court, Gadag in C.C. No. 1329/2015. 3. It is submitted that, being aggrieved by the judgment and order of conviction and sentence passed by the Trial Court as well as the dismissal judgment and order of the first Appellate Court the Petitioner/Accused had - 4 - NC: 2025:KHC-D:5381 CRL.RP No. 100326 of 2017 preferred the above criminal revision petition before this Hon'ble Court. 4. It is submitted that, at the intervention of elders and well wishers of the Petitioner as well as the Respondent, the Petitioner and Respondent have agreed to amicably settle the dispute between them by compounding the present proceedings. In view of the said fact, the present compromise is being entered into on the following terms and conditions: a. The Petitioner/Accused has agreed to pay a sum of Rs. 5,00,000/- i.e. cheque amount to the Respondent/Complainant. And the Respondent also agreed to receive the said amount. b. As a part of the above agreed amount the Petitioner has no objection to withdraw Rs. 1,25,000/- which was deposited before the I Addl. Civil Judge and JMFC I Court, Gadag in C.C. No. 1329/2015 and the said amount of Rs. 1,25,000/- to the Respondent towards full and final settlement of the dispute between themselves. c. The Respondent/Complainant acknowledges the receipt of D.D. bearing No. 590863 of - 5 - NC: 2025:KHC-D:5381 CRL.RP No. 100326 of 2017 Canara Bank Mulagund Naka Branch Dt. 18/03/2025 of Rs. 51,000/- from the Petitioner/Accused. d. The remaining balance amount of Rs. 3,24,000/- is to be paid within a period of 3 months from today in 3 equal installments of Rs. 1,08,000/- each. i. The First installment of Rs. 1,08,000/- is to be paid to the Respondent on or before 17/04/2025. ii. The Second installment of Rs. 1,08,000/- is to be paid to the Respondent on or before 17/05/2025. iii. The Third installment of Rs. 1,08,000/- is to be paid to the Respondent on or before 17/06/2025. To be paid through D.D. In case of failure the Respondent/Complainant may proceed with the case, with permission of this Hon'ble Court. e. The Respondent/Complainant also hereby agrees for dispose off the above Criminal Revision Petition No. 100326/2017 filed by the Petitioner. - 6 - NC: 2025:KHC-D:5381 CRL.RP No. 100326 of 2017 Wherefore, this Hon'ble High Court may kindly be pleased to permit the Petitioner and Respondent to settle the present proceedings by accepting the memo and acquit the Petitioner/Accused by setting aside the judgment and order of conviction and sentence dated 20/05/2016 passed by I Addl. Civil Judge and JMFC I Court, Gadag in C.C. No. 1329/2015 and also set aside the subsequent judgment and order dated 26/09/2017 passed by the learned Addl. District & Sessions Judge, Gadag in Crl. Appeal No. 37/2016, in the interest of justice and equity.” Placing the memo on record, revision petition stands disposed of. It is made clear that the compensation amount as agreed in the memo if not paid, the order of the Trial Magistrate confirmed by the First Appellate Court stands restored automatically. After the payment of compensation amount is paid, a sum of Rs.10,000/- ordered by the Trial Magistrate - 7 - NC: 2025:KHC-D:5381 CRL.RP No. 100326 of 2017 confirmed by the First Appellate Court towards defraying expenses of the State stands set aside as the lis is privy to the parties and no State machinery is involved. The amount in deposit, if any, is ordered to be withdrawn by the complainant under due identification. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA List No.: 2 Sl No.: 2