- 1 - HC-KAR NC: 2025:KHC-D:8479 CRL.RP No. 100112 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL REVISION PETITION NO. 100112 OF 2024 (397 OF Cr.PC/438 OF BNSS) BETWEEN: SHRI MOSHIN S/O. SHARIF YARAGATTI, AGE: 37 YEARS, OCC: HOTEL BUSINESS, R/O. HOUSE NO.3717/A/B, KOTWAL GALLI, TQ. AND DIST. BELAGAVI-590016. …PETITIONER (BY SRI. SANTOSH B. RAWOOT, ADVOCATE) AND: ASWAMI URBAN CO-OP CREDIT SOCIETY LTD, KACHERI ROAD, BELAGAVI, REPRESENTED BY ITS AUTHORIZED OFFICER, SHRI NADEEM NAZIRAHMED MAKANDAR, AGE: 46 YEARS, OCC: MANAGER, R/O. C/O. AWANI SOCIETY, KACHERI ROAD, BELAGAVI, TQ. AND DIST. BELAGAVI-590016. …RESPONDENT (BY SRI. G. B. NAIK AND P. G. NAIK, ADVOCATES) THIS CRIMINAL REVISION PETITION IS FILED U/S.397 R/W 401 OF CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT AND ORDER PASSED BY THE IX ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, IN CRIMINAL APPEAL NO.234/2022 DATED 31.01.2024, IN DISMISSED THE APPEAL BY MODIFYING THE ORDER OF CONVICTION AND SENTENCE PASSED IN CRIMINAL CASE NO.313/2019 DATED 22.07.2022, PASSED BY THE JMFC VIII BELAGAVI, FOR THE OFFENCE PUNISHABLE U/S.138 OF N.I. ACT, BY ALLOWING THIS REVISION PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8479 CRL.RP No. 100112 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) The learned counsel for the petitioner and the respondent are present. 2. The petitioner has filed this petition under Section 397 read with Section 401 of Cr.P.C. to set aside the judgment and order of sentence passed by the learned IX Additional District and Sessions Judge, Belagavi in Crl.A.No.234/2022 dated 31.01.2024, wherein the appeal preferred by the accused under Section 374 of Cr.P.C. was dismissed. The sentence of the Trial Court has been modified that the accused is hereby sentenced to pay fine amount of Rs.10,21,907/- and in default to undergo simple imprisonment for a period of 8 months. Out of the fine amount of Rs.10,21,907/-, an amount of Rs.10,16,907 shall be payable to the complainant as compensation and Rs.5,000/- shall be adjusted towards state expenses though the Trial Court convicted the accused and sentenced to pay fine of Rs.8,02,000/- and in default to undergo simple - 3 - HC-KAR NC: 2025:KHC-D:8479 CRL.RP No. 100112 of 2024 imprisonment for 8 months for the offence punishable under Section 138 of NI Act. 3. Now the learned counsel for the respondent filed memo for disposal which reads as under: “Herein the memo on behalf of the Respondent is as under:- That in the top noted case, the Petitioner and Respondent have amicably settled their dispute. That the revision petitioner has paid an amount of Rs.12,00,000/-(Rupees twelve lakhs only) in full and final settlement of their dispute. That the said amount has been paid by way of cash a sum of Rs.11,70,000/-(Eleven lakhs seventy thousand only) and a sum of Rs.30,000/-(Thirty thousand only) by RTGS. That in pursuance of the same the respondent has returned all the documents as per certificate annexed with this memo.” 4. Memo is placed on record. 5. In view of the memo and counsel submission, the petition is disposed of. - 4 - HC-KAR NC: 2025:KHC-D:8479 CRL.RP No. 100112 of 2024 6. In view of the settlement, the petitioner has paid an amount of Rs.12,00,000/- in full and final settlement of their dispute. (A sum of Rs.11,70,000/- is paid by way of cash and sum of Rs.30,000/- by RTGS). 7. In view of the settlement arrived at between the parties, the judgment passed by the learned IX Additional District and Sessions Judge, Belagavi in Crl.A.No.234/2022 dated 31.01.2024 and the order of conviction and sentenced passed in Criminal Case No.313/2019 dated 22.07.2022, is hereby set aside. 8. In view of the disposal of the matter, pending applications, if any, do not survive consideration and accordingly the same are disposed off. Sd/- (VENKATESH NAIK T) JUDGE HMB CT-AN List No.: 1 Sl No.: 6