- 1 - NC: 2025:KHC-D:4772 CRL.RP No. 100021 of 2019 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.100021 OF 2019 (397(CR.PC)/438(BNSS)) BETWEEN: GOPALKRISHNA S/O. YAMANAPPA HOSAMANI, AGE: 45 YEARS, OCC. CONTRACTOR, R/O. KARIYAMMAKALLU BADAVANE, GADAG, TQ. AND DIST. GADAG-582101. …PETITIONER (BY SRI K.L. PATIL, SRI T.R. PATIL, ADVOCATES) AND: VIJAYSING S/O. DASHARATH SINGH BYALI, AGE: 47 YEARS, OCC. BUSINESS, R/O. BALAJI NIVAS, KESHAV NAGAR, GADAG, TQ. AND DIST. GADAG-582103. …RESPONDENT (BY SRI J.S. SHETTY, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SEC.397 R/W. 401 OF CR.P.C., PRAYING TO CALL FOR THE RECORDS OF THE COURTS BELOW AND TO ALLOW THIS REVISION PETITION & SET-ASIDE THE JUDGMENT & ORDER OF CONVICTION AND SENTENCE DATED 12.12.2018 PASSED IN CRIMINAL APPEAL NO.27/2017 BY PRL. DISTRICT & SESSIONS JUDGE, GADAG, ALSO SET ASIDE THE JUDGMENT AND ORDER DATED 11.09.2017 PASSED IN C.C. NO.1136/2015 BY I ADDL. CIVIL JUDGE AND JMFC-I COURT, GADAG AND THEREBY ACQUIT THE PETITIONER / ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT. V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.17 10:39:12 +0530 - 2 - NC: 2025:KHC-D:4772 CRL.RP No. 100021 of 2019 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: “This above named petitioner in the top noted case, he is ready to given another amount of Rs.4,50,000/- in two instalment within two month from today 15.4.2025 and 15.5.2025 and further already the petitioner was deposited before the JMFC today of amount Rs.4,50,000/- Wherefore their petitioner prays that this Hon’ble Court pleased to close this case in the interest of justice.” 2. Placing the memo on record, revision petition is disposed of. - 3 - NC: 2025:KHC-D:4772 CRL.RP No. 100021 of 2019 3. 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 one year. 4. 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. 5. Amount in deposit is ordered to be withdrawn by the complainant under due identification.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.: 39