- 1 - NC: 2025:KHC-D:7043 CRL.RP No. 100312 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100312 OF 2024 (397(Cr.PC)/438(BNSS) BETWEEN: MUBARAK MD SHAREEF AGE: 46 YEARS, OCC: BUSINESS, R/O MANCHANAKOPPA, NO. 30, BINDARAGI ONI, GANESHPETH, HUBBALLI-580020. …PETITIONER (BY SRI. R.M.JAVED, ADVOCATE) AND: M/S NEW VIJAY SAW MILL TIMBER MERCHANTS NO. 31, TIMBER YARD, UNKAL HUBBALLI, REP BY ITS PARTNER MAHENDRA PATEL, AGE: 50 YEARS, OCC: BUSINESS R/O HUBBALLI-580030. …RESPONDENT (BY SRI. G.S.MOT, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S 397 AND 401 OF CR.P.C. (438 R/W 442 OF BNSS), SEEKING TO CALL FOR THE RECORDS, SET ASIDE THE JUDGMENT AND ORDER OF DISMISSAL OF APPEAL IN CRI.A.NO.5024/2024 DATED 19.07.2024 PASSED BY I- ADDL.DIST AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI WHICH CONFIRMED THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE I ADDL.CIVIL JUDGE AND JMFC, HUBBALLI IN CC NO.25/2020 DATED 21.10.2023, CONVICTING THE REVISION PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT SENTENCING HIM TO PAY A FINE OF RS.4,38,400/- IN DEFAULT OF PAYMENT OF FINE, THE ACCUSED SHALL UNDERGO SIMPLE IMPRISONMENT FOR SIX MONTHS AND CONSEQUENTLY, ACQUIT THE REVISION PETITIONER/ACCUSED.IA Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:7043 CRL.RP No. 100312 of 2024 NO.01/2024 FOR SUSPENSION OF SENTENCE AND BAIL.IA 1/2024 IS FILED U/S 397 OF CR.P.C., SEEKING TO SUSPEND THE SENTENCE PASSED BY THE I ADDL.CIVIL JUDGE AND JMFC, HUBBALLI IN CC NO.25/2020 DATED 21.10.2023, THEREBY CONVICTING THE REVISION PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT, SENTENCING HIM TO PAY A FINE OF RS.4,38,000/- IN DEFAULT OF PAYMENT OF FINE, THE ACCUSED SHALL UNDERGO SIMPLE IMPRISONMENT FOR SIX MONTHS, AND CONSEQUENTLY, ACQUIT THE REVISION PETITIONER/ACCUSED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Joint memo is filed by the parties and signed by their respective Advocates. Joint memo reads as under: “The petitioner and respondent above have jointly submitted this application as under: 1) It is submitted that the matter between them is amicably settled and they both have decided to bring the issue to its logical end by filing this application. 2) It is submitted that the accused/petitioner has agreed to pay the cheque amount to the complainant/respondent which is Rs.4.28,000/- and the same is accepted by the respondent. 3) It is submitted that the petitioner/accused today has paid a cash amount of Rs. 28,000/- to the complainant and he has acknowledged the receipt of same. 4) It is agreed by the petitioner/accused that he will be paying remaining four lakhs in two installments i.e. he will pay Rs.2,00,000/- on or before 30.5.2025 and similarly he will pay Rs.2,00,000/- on or before 30.6.2025 respectively to the complainant. The same is agreed by the complainant. - 3 - NC: 2025:KHC-D:7043 CRL.RP No. 100312 of 2024 5) It is made clear and understood by both the parties that if the accused fails to pay the amount as agreed by him, the complainant is at liberty to take action against him as per law and the judgment and order of conviction passed by I ADDL. CIVIL JUDGE AND JMFC, HUBBALLI in C.C No.25/2020 Dt.21.10.2023 gets revived. The same is accepted by the accused. Therefore, by the above terms, both the parties are ready to close the issue and pray before this Hon'ble court to pass the necessary Orders, in the interest of justice.” Placing the joint memo on record, following: ORDER i. Revision petition stands disposed of in terms of the joint memo. ii. It is made clear that agreed amount of compensation if not paid by the revision petitioner, order of the learned Trial Magistrate confirmed by the First Appellate Court stands restored automatically. iii. After payment of entire compensation amount, fine amount of Rs.10,000/- imposed by the learned Trial Magistrate - 4 - NC: 2025:KHC-D:7043 CRL.RP No. 100312 of 2024 towards defraying expenses of the State stands set aside. iv. Amount in deposit is ordered to be withdrawn by the complainant/respondent under due identification. Sd/- (V.SRISHANANDA) JUDGE KAV CT:GSM List No.: 2 Sl No.: 4