- 1 - NC: 2021:KHC-D:12885 CRL.RP No. 100368 of 2021 C/W CRL.RP No. 100367 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100368 OF 2021 (397(CR.PC)/438(BNSS)) C/W CRIMINAL REVISION PETITION NO. 100367 OF 2021 IN CRL.RP.NO.100368/2021: BETWEEN: SHRI BAHUBALI BHIMARAYAPPA PAYYAPPANNAVAR ”PROPRIETOR OF PADMA INDUSTRIES”, AGE: 54 YEARS, OCC. BUSINESS, R/O. 18/C, KIADB, HONAGA, INDUSTRIAL AREA, TAL. AND DIST. BELAGAVI-591113. …PETITIONER (BY SRI VITTHAL S. TELI, ADVOCATE) AND: SHRI GULSHAN VISHNU GULABANI PROPRIETOR OF PADMA FURNITURE AGE: 24 YEARS OCC. BUSINESS, R/O. PLOT NO.217, 4TH CROSS, R.K. MARG, HINDAWADI, BELAGAVI-591156. …RESPONDENT (BY SRI SHARAD M. PATIL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 (1) R/W. 401 OF CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT DATED 02.12.2021 IN CRIMINAL APPEAL NO.129/2019 BY THE IX ADDITIONAL DISTRICT AND V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.21 10:35:57 +0530 - 2 - NC: 2021:KHC-D:12885 CRL.RP No. 100368 of 2021 C/W CRL.RP No. 100367 of 2021 SESSIONS JUDGE, BELAGAVI WHEREIN CONFIRMING THE JUDGMENT DATED 21.03.2019 IN CC NO.165/2018 PASSED BY THE V JMFC, BELAGAVI FOR OFFENCE U/S. 138 OF N.I. ACT 1881 AND THEREBY ACQUIT THE PETITIONERS/ACCUSED. IN CRL.RP.NO.100367/2021: BETWEEN: SHRI BAHUBALI BHIMARAYAPPA PAYYAPPANNAVAR ”PROPRIETOR OF PADMA INDUSTRIES”, AGE: 54 YEARS, OCC. BUSINESS, R/O. 18/C, KIADB, HONAGA, INDUSTRIAL AREA, TAL. AND DIST. BELAGAVI-591113. …PETITIONER (BY SRI VITTHAL S. TELI, ADVOCATE) AND: SHRI GULSHAN VISHNU GULABANI PROPRIETOR OF PADMA FURNITURE AGE: 24 YEARS OCC. BUSINESS, R/O. PLOT NO.217, 4TH CROSS, R.K. MARG, HINDAWADI, BELAGAVI-591156. …RESPONDENT (BY SRI SHARAD M. PATIL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 (1) R/W. 401 OF CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT DATED 02.12.2021 IN CRIMINAL APPEAL NO.128/2019 BY THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI WHEREIN CONFIRMING THE JUDGMENT DATED 21.03.2019 IN CC NO.500/2018 PASSED BY THE V JMFC, BELAGAVI FOR OFFENCE U/S. 138 OF N.I. ACT 1881 AND THEREBY ACQUIT THE PETITIONERS/ACCUSED. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2021:KHC-D:12885 CRL.RP No. 100368 of 2021 C/W CRL.RP No. 100367 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Parties are present before the Court. Separate joint memos are filed by the parties settling the dispute among them. 2. Joint memo in Crl.R.P.No.100368/2021 reads as under: “Herein Joint Memo on behalf of the petitioner/accused and respondent/ complainant is as under- 1.That the petitioner/accused and respondent/complainant have agreed that the petitioner/accused will pay a sum of Rs 20,25,000/- as full and final settlement. 2. That the petitioner accused has already deposited an amount of Rs 12,50,000/- before the JMFC Court Belagavi. 3. That the petitioner/accused has agreed to deposit balance amount of Rs 7,75,000/- within 6 months in 3 equal instalments of Rs 2,58,334/-i.e. Ist instalment to be paid on - 4 - NC: 2021:KHC-D:12885 CRL.RP No. 100368 of 2021 C/W CRL.RP No. 100367 of 2021 or before 15th May 2025, IInd Instalment of Rs 2,58,334/- to be paid on before 15th July 2025, and IIIrd Instalment of Rs 2,58,334/- to be paid on or before 15th September 2025. 4. That the petitioner/accused will deposit the sum as agreed in para 2 of this joint memo directly to the account of complainant/ respondent bearing Acc No 50100446138096 Acc Name Gulshan vishnu Gulabani IFSC Code HDFC0001247 (Branch –Thilakwadi) 5. The above joint memo is filed without any fraud or coercin between the parties to this petition. 6. The above joint memo is filed out of free will of the parties to this petition. 7. The contents of this joint memo are read over to the petitioner/accused and respondent/complainant in presence of their advocates. Hence this Memo”. 3. Joint memo in Crl.R.P.No.100367/2021 reads as under: - 5 - NC: 2021:KHC-D:12885 CRL.RP No. 100368 of 2021 C/W CRL.RP No. 100367 of 2021 “Herein Joint Memo on behalf of the petitioner/accused and respondent/ complainant is as under- 1. That the petitioner/accused and respondent/complainant have agreed that the petitioner/accused will pay a sum of Rs 10,25,000/- as full and final settlement. 2. That the petitioner accused has already deposited an amount of Rs 6,00,000/- before the JMFC Court Belagavi. 3. That the petitioner/accused has agreed to deposit balance amount of Rs 4,25,000/- within 6 months in 3 equal instalments of Rs 1,41,667/- i.e Ist instalment to be paid on or before 15th May 2025, IInd Instalment of Rs 1,41,667/- to be paid on before 15th July 2025, and IIIrd Instalment of Rs 1,41,667/- to be paid on or before 15th September 2025. 4. That the petitioner/accused will deposit the sum as agreed in para 2 of this joint memo directly to the account of complainant/ respondent bearing Acc No 50100446138096 Acc Name Gulshan vishnu Gulabani IFSC Code HDFC0001247 (Branch - Thilakwadi) - 6 - NC: 2021:KHC-D:12885 CRL.RP No. 100368 of 2021 C/W CRL.RP No. 100367 of 2021 5. The above joint memo is filed without any fraud or coercion between the parties to this petition. 6. The above joint memo is filed out of free will of the parties to this petition. 7. The contents of this joint memo are read over to the petitioner/accused and respondent/complainant in presence of their advocates. Hence this memo.” 4. Placing both the joint memos on record, revision petitions are disposed of. 5. Amount in deposit in both the revision petitions is ordered to be withdrawn by the complainant under due identification. 6. If the agreed amount of compensation as per the joint memos is not paid by the revision petitioner, orders of the Trial Magistrate confirmed by the First Appellate Court stand restored automatically. - 7 - NC: 2021:KHC-D:12885 CRL.RP No. 100368 of 2021 C/W CRL.RP No. 100367 of 2021 7. After the payment of entire compensation amount, as agreed in the joint memos, fine amount of Rs.10,000/- in both the cases, which is ordered to be appropriated to the expenses of the State, is set aside. 8. Office to return the Trial Court records with a copy of this order for issuing modified conviction order. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA LIST NO.: 2 SL NO.: 6