- 1 - NC: 2025:KHC-D:5424 CRL.RP No. 100257 of 2022 C/W CRL.RP No. 100256 of 2022 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.100257 OF 2022 (397(CR.PC)/438(BNSS)) C/W CRIMINAL REVISION PETITION NO.100256 OF 2022 IN CRL.RP.NO.100257/2022: BETWEEN: P.RAVINDRA NAIDU AGE: 47 YEARS, OCC. RAILWAY EMPLOYEE. R/O UBL NO.135/A, RAILWAY QUARTERS, RAIL COLONY, RAIL KALIAN KENDRA, GADAG ROAD, HUBBALLI-580020. …PETITIONER (BY SRI NAVEEN CHATRAD, ADVOCATE) AND: SANTOSH S/O. SHYAMSUNDAR HABIB, AGE: 29 YEARS, OCC. BUSINESS, R/O. FLAT NO.2, HABIB BUILDING, BASESHWARA NAGAR, GOKUL ROAD, HUBBALLI-580030. …RESPONDENT (RESPONDENT-NOTICE SERVED) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO JUDGMENT AND ORDER PASSED BY THE LEARNED 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE IN CRIMINAL APPEAL NO.52/2020 ON 08.07.2022 AND THE Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5424 CRL.RP No. 100257 of 2022 C/W CRL.RP No. 100256 of 2022 JUDGMENT AND ORDER PASSED IN JMFC-III, HUBBALLI IN CC NO.940/2019 ON 29.02.2020 MAY BE SET ASIDE AND THE PETITIONER MAY BE ACQUITTED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT BY ALLOWING THIS REVISION PETITION. IN CRL.RP.NO.100256/2022: BETWEEN: P. RAVINDRA NAIDU AGE: 47 YEARS, OCC. RAILWAY EMPLOYEE, R/O. UBL, 135/A, RAILWAY QUARTERS, RAIL COLONY, RAIL KALYAN KENDRA, GADAG ROAD, HUBBALLI-580020. …PETITIONER (BY SRI NAVEEN CHATRAD, ADVOCATE) AND: SANTOSH S/O. SHYAMSUNDAR HABIB, AGE: 29 YEARS, OCC. BUSINESS, R/O. FLAT NO.2, HABIB BUILDING, BASESHWARA NAGAR, GOKUL ROAD, HUBBALLI-580030. …RESPONDENT (RESPONDENT-NOTICE SERVED) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C., SEEKING TO THAT THE JUDGMENT AND ORDER PASSED BY THE LEARNED 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE IN CRIMINAL APPEAL NO.54/2020 ON 08.07.2022 AND THE JUDGMENT AND ORDER PASSED IN JMFC-III, HUBBALLI IN CC NO.939/2019 ON 29.02.2020 MAY BE SET ASIDE AND THE PETITIONER MAY BE ACQUITTED FOR THE OFFENCE PUNISHABLE U/S.138 OF N.I. ACT, BY ALLOWING THIS REVISION PETITION. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:5424 CRL.RP No. 100257 of 2022 C/W CRL.RP No. 100256 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Common revision petitioner files memos in both the petitions Memo in Crl.RP.No.100257/2022 reads as under: “The Petitioner respectfully submits as under: 1. It is submitted that the Petitioner has filed the above Criminal Revision Petition against judgment and order passed by the 1st Additional District and Sessions Judge in Criminal Appeal No.52/2020 dated 08.07.2022 and the judgment and order passed JMFC-III, Hubballi in C.C. No.940/2019. 2. It is submitted that the Trial Court was pleased to convict the Accused/petitioner U/s 138 of the NI Act vide order dated 29-02- 2020 and directed the Petitioner to pay the fine amount of Rs. 59,000/- out of that the Accused shall pay the Rs. 49,000/- to the complainant and Rs. 10,000/- to the state towards prosecution expenses. And the same order was confirmed by the Lower Appellate Court. 3. It is submitted that the during the pendency of the above Criminal Revision Petition, the Petitioner has deposited an amount of Rs. 29,500/- before the III-JMFC Court, Hubballi on 22-03-2025. Petitioner is further ready to deposit the balance amount of Rs. 29,500/- ( Rupees Twenty Nine - 4 - NC: 2025:KHC-D:5424 CRL.RP No. 100257 of 2022 C/W CRL.RP No. 100256 of 2022 Thousand and Five Hundred only) before the III-JMFC Court, Hubballi within 4 weeks from today. Therefore it is respectfully prayed to set aside the judgment and order passed by the 1st Additional District and Sessions Judge in Criminal Appeal No.52/2020 dated 08.07.2022 and the judgment and order passed JMFC-III, Hubballi in C.C. No.940/2019 and consequently acquit the Petitioner for the offence punishable U/s 138 of the NI Act in the above case in the interest of justice and equity.” Memo in Crl.RP.No.100256/2022 reads as under: “The Petitioner respectfully submits as under: 1. It is submitted that the Petitioner has filed the above Criminal Revision Petition against judgment and order passed by the 1st Additional District and Sessions Judge in Criminal Appeal No.54/2020 dated 08.07.2022 and the judgment and order passed JMFC-III, Hubballi in C.C. No.939/2019. 2. It is submitted that the Trial Court was pleased to convict the Accused/petitioner U/s 138 of the NI Act vide order dated 29-02- 2020 and directed the Petitioner to pay the fine amount of Rs. 1,10,000/- out of that the Accused shall pay the Rs. 1,00,000/- to the complainant and Rs. 10,000/- to the state towards prosecution expenses. And the same order was confirmed by the Lower Appellate Court. - 5 - NC: 2025:KHC-D:5424 CRL.RP No. 100257 of 2022 C/W CRL.RP No. 100256 of 2022 3. It is submitted that the during the pendency of the above Criminal Revision Petition, the Petitioner has deposited an amount of Rs. 55,000/- before the III-JMFC Court, Hubballi on 22-03-2025. Petitioner is further ready to deposit the balance amount of Rs. 55,000/- ( Rupees Fifty Five Thousand only) before the III-JMFC Court, A Hubballi within 4 weeks from today. Therefore it is respectfully prayed to set aside the judgment and order passed by the 1st Additional District and Sessions Judge in Criminal Appeal No.54/2020 dated 08.07.2022 and the judgment and order passed JMFC-III, Hubballi in C.C. No.939/2019 and consequently acquit the Petitioner for the offence punishable U/s 138 of the NI Act in the above case in the interest of justice and equity.” Placing the memos on record, both the revision petitions stand disposed of. It is made clear that the compensation amount as agreed in the memos if not paid, the orders of the Trial Magistrate confirmed by the First Appellate Court stand restored automatically. In view of the memos, show cause notices issued to the surety stand withdrawn. - 6 - NC: 2025:KHC-D:5424 CRL.RP No. 100257 of 2022 C/W CRL.RP No. 100256 of 2022 After the payment of compensation amount is paid, a sum of Rs.10,000/- in both the petitions 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. 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.: 7