- 1 - NC: 2025:KHC-D:5382 CRL.RP No. 100199 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.100199 OF 2022 (397(Cr.PC)/438(BNSS)) BETWEEN: SMT.SHAMIMBANU @ SHAMABANU MAHAMMADKSHAR BADESABANNAVAR, AGE: 52 YEARS, OCC. HOUSEHOLD AND BUSINESS, R/O. ASHRAYA PLOT, NEW CHRUCH ROAD, HALIYAL, TQ. HALIYAL, DIST. KARWAR-581329. …PETITIONER (BY SRI G.R. TURAMARI, ADVOCATE) AND: MANJUNATH SADANAND BIDIKAR AGE: 39 YEARS, OCC.GOLDSMITH WORK, R/O. MANGALWAD, TQ. HALIYAL, DIST.KARWAR-581329. …RESPONDENT (BY SRI VIJAY MALALI, ADVOCATE FOR SRI A.P. HEGDE, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397 R/W. 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 04.12.2021 PASSED BY THE COURT OF I ADDL. DISTRICT AND SESSIONS JUDGE U.K. KARWAR SITTING AT SIRSI IN CRIMINAL APPEAL NO.5022/2020 DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC HALIYAL IN C.C.NO. 03/2018 DATED 28.02.2020 FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ALLOW THE ABOVE CRIMINAL REVISION PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.29 11:56:40 +0530 - 2 - NC: 2025:KHC-D:5382 CRL.RP No. 100199 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Counsel for revision petitioner and respondent file a memo reporting the settlement. 2. Memo reads as under: “The advocate for Petitioner and Respondent respectfully submits as under: That in the above petition the cheque amount of Rs.1,40,000- and fine of Rs. 5,000/-. By way of compromise both the parties are agreed to pay Rs.1,25,000/- and in that Rs. 70,000/- is deposited before the Trial Court that has to be released in favour of Respondent/Complainant and the amount of Rs. 25,000/- has deposited before this Hon’ble Court by way of D.D. on 20.03.2025 the same is permitted to withdraw by Respondent/complainant. The remaining amount of Rs. 25,000/- has been paid by the Petitioner on 17.04.2025. The same has been paid to the respondent/complainant on 17.04.2020 by way of cash. Hence the Order of Trial Court on C.C.No.5/2018 dated 28.02.2020 Order of Conviction and confirming by the appellate Court in Crl.A.No.5022/2020 dated 4.12.2021 are may be setaside and the Petitioner/accused may acquitted by way of settlement of both the parties.” 3. Placing the memo on record, revision petition stands disposed of. - 3 - NC: 2025:KHC-D:5382 CRL.RP No. 100199 of 2022 4. It is made clear that if the amount of compensation 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 agreed amount of compensation is paid, sum of Rs.5,000/- awarded 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.: 5