- 1 - NC: 2025:KHC-D:5407 CRL.RP No. 100284 of 2024 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.100284 OF 2024 (397(CR.PC)/438(BNSS)) BETWEEN: SMT.MEGHA M. PADVALKAR W/O. MANTOSH PADVALKAR, AGED ABOUT 53 YEARS, OCC. HOUSEWIFE, R/O. BETUNAIKWADA, SADASHIVAGAD, KARWAR TALUK-581301, UTTARA KANNADA DISTRICT. …PETITIONER (BY SRI PRAVEEN PRABHAKAR TARIKAR, ADVOCATE) AND: SHRI SHRIPAD G. REVANKAR S/O. GANAPATI REVANKAR, OCC. GOLDSMITH, AGED ABOUT 71 YEARS, R/O. 541, GREEN STREET, KARWAR-581301, UTTARA KANNADA DISTRICT. …RESPONDENT (BY SRI VIJAY M. MALALI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO CALL IN CRIMINAL APPEAL NO. 191/2019 PASSED BY THE 2ND ADDL. DISTRICT AND SESSION JUDGE UTTARA KANNADA, KARWAR, AND IN C.C.NO. 297-2014 DATED 01.08.2019 PASSED BY HON’BLE JMFC 2ND COURT KARWAR AT KARWAR AND SET ASIDE THE IMPUGNED JUDGMENT IN CRIMINAL APPEAL NO. 191/2019 DATED 25.06.2024 PASSED BY THE 2ND ADDL. DISTRICT AND SESSION JUDGE UTTARA KANNADA, KARWAR CONFIRMING C.C.NO. 297-2014 DATED 01.08.2019 PASSED BY JMFC 2ND COURT KARWAR AT KARWAR CONVICTING THE PETITIONER FOR THE OFFENCE P/U/SECTION 138 OF NI ACT 1881, SENTENCING TO PAY RS. 4,55,000/- OUT OF WHICH 4,50,000/- SHALL BE PAID TO THE COMPLAINANT AS COMPENSATION AND RS. 5,000/- TOWARDS STATE. V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.29 11:59:18 +0530 - 2 - NC: 2025:KHC-D:5407 CRL.RP No. 100284 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Parties to the petition are present. They presented joint memo. The contents of the joint memo reads are as under: “The Counsel for the Petitioner most respective submits as under:- a. The Petitioner is before this Hon'ble Court challenging dated 25-06-2024 in Crl A No 191/2019 passed by the Hon'ble 2nd Addl District and Session Judge, Uttara Kannada Karwar dismissed the Appeal filed by the accused and confirmed the order dated 01-08-2019 passed by the Hon'ble JMFC 2nd Court Karwar convicting the accused/ Petitioner for the offence punishable under section 138 of Negotiable Instrument Act 1881 sentencing to pay Rs 4,55,000/- in default, accused shall undergo simple imprisonment for a period of 3 months. Out of Rs 4,55,000/- the complainant is entitled for Rs 4,50,000/- towards compensation amount and Rs 5,000/- to State. - 3 - NC: 2025:KHC-D:5407 CRL.RP No. 100284 of 2024 b. The Counsel for the Petitioner submits that the Respondent has agreed to settle the matter for Rs 2,25,000/- as full and final settlement. The said amount is deposited before the Trial Court, the Respondent seek leave of this Hon'ble Court to direct the Trial Court to release the said amount in favour of the Respondent/complainant. The Respondent is satisfied with the amount which is deposited before the trial court by the Petitioner/ accused on 04-10-2019 and 10-09-2024 respectively as full and final settlement. Wherefore it is prayed to this Hon'ble Court may be please to consider the joint memo on record and set aside the conviction order dated 01-08-2019 in CC No 297/2014 passed by Hon'ble JMFC 2nd Court Karwar against the Petitioner/ accused for the offence punishable under section 138 of Negotiable Instrument Act 1881 in ends of justice and equity.” 2. Placing the joint memo on record, petition stands disposed of. 3. It is made clear that agreed compensation amount if not paid as per the contents of joint memo, order of the trial - 4 - NC: 2025:KHC-D:5407 CRL.RP No. 100284 of 2024 Magistrate confirmed by the First Appellate Court stands restored automatically. 4. After the payment of entire agreed compensation amount, fine amount of Rs.5,000/- imposed by the trial Magistrate to be appropriated towards the defraying expenses of the State stands set aside. 5. Amount in deposit is ordered to be withdrawn by the complainant under due identification. SD/- (V.SRISHANANDA) JUDGE AC CT:PA LIST NO.: 2 SL NO.: 32