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2025 DAILYLAW 49788 (KAR)

TIPPANNA S/O HANAMAPPA HADAPAD v. IRAPPA S/O BHIMAPPA NAVI

CRL.RP/100295/2024 · 2025-04-28

V Srishananda

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:7005 CRL.RP No. 100295 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100295 OF 2024 (397(Cr.PC)/438(BNSS) BETWEEN: TIPPANNA S/O HANAMAPPA HADAPAD, AGE: 41 YEARS, OCC: AGRICULTURE, R/O KERAKALAMATTI-587201 TQ. BADAMI, DIST. BAGALKOTE. …PETITIONER (BY SRI. RANGANATH S., ADVOCATE FOR SRI. PRUTHVIRAJ P HITTALAMANI, ADVOCATE) AND: IRAPPA S/O BHIMAPPA NAVI AGE: 51 YEARS, OCC: PRIVATE EMPLOYEE R/O WARD NO.10, BAGALKOTE, TQ AND DIST. BAGALKOTE-587105. …RESPONDENT (BY SRI GOURI SHANKAR MOT, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W 401 OF CR.P.C., 1973, SEEKING TO SET ASIDE THE ORDER OF CONVICTION DATED 22.04.2024 PASSED IN CRIMINAL APPEAL NO 44/2023 ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, BAGALKOTE IN CONFIRMING THE ORDER OF CONVICTION DATED 01.07.2023 PASSED IN CC NO. 155/2021 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BAGALKOTE FOR THE OFFENCES PUNISHABLE UNDER SECION 138 OF NI ACT AND DISMISS THE COMPLAINT BY ALLOWING THE CRIMINAL REVISION PETITION. THIS PETITION, COMING ON FOR ADMISSIOIN, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:7005 CRL.RP No. 100295 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) A sum of Rs.2,75,000/- is tendered by one Arjun who is the relative of the revision petitioner-Tippanna. Same is acknowledged by the respondent. 2. A joint memo is filed reporting the settlement. Joint memo reads as under: “Herein, the advocate for the petitioner submits as follows… 1. The parties herein have decided to put end to the above mentioned dispute in the terms laid down below… 2. That, the petitioner is ready to pay a sum of Rs.5,48,000/- towards full and final settlement to the respondent in the manner as follows. 3. That the petitioner has paid a sum of Rs.2,75,000/- to the respondent in cash before the Hon’ble court. The petitioner undertakes to pay a sum of Rs.2,73,000/- within two months from today i.e. 28/04/2025. - 3 - NC: 2025:KHC-D:7005 CRL.RP No. 100295 of 2024 4. The petitioner agrees to the fact that if the compensation amount as agreed in the joint memo is not paid. District courts order which was confirmed by the first appellate court shall automatically revived and the respondent will be at liberty to initiate any further action permissible in accordance with law. 5. Wherefore it is prayed that this Hon’ble court may be pleased to dispose off the matter in the terms of compromise in the interest of justice. 3. Placing the joint memo on record, revision petition stands disposed of. 4. It is made clear that if the agreed compensation is not paid as per the joint memo by the revision petitioner to the respondent, shall undergo imprisonment for a period of six months. 5. After the payment of compensation amount, the fine amount of Rs.2,000/- ordered by the Trial Magistrate confirmed by the First Appellate Court towards the defraying expenses of the State is set aside. - 4 - NC: 2025:KHC-D:7005 CRL.RP No. 100295 of 2024 The amount in deposit is ordered to be withdrawn by the complainant under due identification. Sd/- (V.SRISHANANDA) JUDGE NAA CT:GSM List No.: 2 Sl No.: 19