- 1 - NC: 2025:KHC-D:5387 CRL.RP No. 100064 of 2023 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.100064 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: MANJUNATH S/O. HANUMANTH KOLIPUCHA, AGE: 41 YEARS, OCC. AGRICULTURE, R/O. SLUM AREA, BHAJANTRI GALLI, HALIYAL, UTTARA KANNADA-581329. …PETITIONER (BY SRI PRAVEEN G. KULKARNI, ADVOCATE) AND: RAJESH S/O. RAMA NAIK, AGE: 45 YEARS, OCC. BUSINESS, R/O. VANASHREE NAGAR, DANDELI, UTTARA KANNADA-581325. …RESPONDENT (BY SRI K.S. KORISHETTAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. SEC. 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS AND SETTING ASIDE THE JUDGMENT AND ORDER OF CONVICTION PASSED IN CRL.APPEAL NO. 5016/2022, DATED 18.01.2023, PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, U.K. KARWAR, SITTING AT SIRSI AND FOR THE OFFENCE P/U/SECTION 138 OF N.I. ACT AND THE JUDGMENT AND ORDER OF CONVICTION PASSED IN C.C.NO. 19/2018, DATED 30.10.2021, PASSED BY THE SENIOR CIVIL JUDGE AND J.M.F.C. AT HALIYAL FOR OFFENCE P/U/S 138 OF N.I. ACT AND ACQUIT THE PETITIONER BY ALLOWING THE REVISION PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.27 10:53:40 +0530 - 2 - NC: 2025:KHC-D:5387 CRL.RP No. 100064 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) After addressing the arguments for some time, counsel for the petitioner files a memo. The same is acknowledged by Sri K.S. Korishettar, learned counsel for respondent. 2. Memo reads as under: “HEREIN, We the advocates for the both parties most respectfully submit this joint memo as under. 1. The present matter is settled between both parties amicably. 2. The Respondent has agreed to settle the matter for Rs, 4.00.000/- (four Lakhs Rupees only). 3. The petitioner has already deposited Rs.1.00,000/- before the Hon'ble Trail court, as per order of this Hon'ble court. 4. The petitioner has today handed over Rs.1.00.000/-(Rupees one lakh only) to the Advocate for respondent as per instruction given by the respondent. 5. The petitioner is agreed to pay remaining agreed balance of Rs 2,00,000/-(Two Lakhs Rupees only) on 10-04-2025 before this Hon'ble court. Hence this Memo.” - 3 - NC: 2025:KHC-D:5387 CRL.RP No. 100064 of 2023 3. Placing the memo on record, petition is disposed of. 4. 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. 5. After the payment of compensation amount is paid, a sum of Rs.10,000/- ordered by the Trial Magistrate 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. 6. 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.: 19