- 1 - NC: 2025:KHC-D:7045 CRL.RP No. 100280 of 2023 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. 100280 OF 2023 (397(Cr.PC)/438(BNSS) BETWEEN: JILAN S/O ABUBAKAR AGE: 35 YEARS, OCC: TAILOR R/O. 4TH WARD, GROUND FLOOR, (GANESH GAS AGENCY) NEAR SIDDIVINAYAKA TEMPLE, HOSAPETE, DIST. VIJAYANGARA DIST.-583201. …PETITIONER (BY SRI SANTOSH NARGUND, ADVOCATE FOR SRI R.M.JAVED, ADVOCATE) AND: R.RAMESH GOUDA S/O. R LAKSHMANA GOUDA AGE: 45 YEARS, OCC: ADVOCATE/ AGRICULTURIST, R/O.NO.11, SANNA KANNERAMAM NIVAS, 20TH WARD, COWLPETE, HOSPETE, DIST.VIJAYANGARA DIST.-583201. …RESPONDENT (BY SRI GOURI SHANKAR MOT, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND ORDER OF DISMISSAL OF APPEAL IN CRL.A NO. 5081/2022 DATED 19.06.2023 PASSED BY III ADDL. DIST AND SESSIONS JUDGE BALLARI SITTING AT HOSAPETE WHICH CONFIRMED THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, HOSPETE IN C.C.NO. 768/2018 DATED 04.11.2022, CONVICTING THE REVISION Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:7045 CRL.RP No. 100280 of 2023 PETITIONER/ACCUSED FOR THE OFFENCE P/U/SEC. 138 OF N.I. ACT SENTENCING HIM TO PAY A FINE OF RS. 3,10,000/- 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 FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Sri.Santosh Nargund, learned counsel appearing on behalf of Sri.R.M.Javed, learned counsel for the revision petitioner submits that Court may consider the joint memo and pass appropriate orders. Joint memo reads as under: THIS CRIMINAL REVISION PETITION IS FILED U/S.397 R/W 401 OF CR.P.C. AGAINST THE JUDGEMENT DATED 19.06.2023 PASSED IN CRLAPPEAL NO. 5081/2022, BY THE III-ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI, SITTING AT HOSPETE AND THE JUDGMENT, DATED 04.11.2022 PASSED BY THE ADDL CIVIL JUDGE AND JMFC, HOSPETE, IN CC NO.768/2018. The parties to the revision petition have settled their claim in the pre-conciliation held on 10.02.2025 in pursuance of the Lok Adalat to be held on 08.03.2025 on the following terms: 1. The Parties have agreed to compromise the case for a total sum of Rs.2,00,000/- (Rupees Two Lakhs Only), towards full and final settlement which shall be paid by the Petitioner/Accused to the Respondent/Complainant as follows: - 3 - NC: 2025:KHC-D:7045 CRL.RP No. 100280 of 2023 (1) The Petitioner/ Accused has already deposited Rs.1,00,000/- before the Trial Court in CC No.768/2018 and Respondent is permitted to withdraw the deposited amount before the Trial Court. (11) The remaining balance amount of Rs.1,00,000/- shall be paid by the Accused to the Complainant through DD or Bank Account transfer in the name of Respondent/complainant by Intimating the Complainant as follows: (a) The first installment of Rs.30,000/- on or before 08.03.2025. (b) The second installment of Rs.30,000/- on or before 09.04.2025. (c) The third and last installment of Rs.40,000/- on or before 09.05.2025. 2. That if the Petitioner/Accused fails to pay any installments as agreed above the Respondent/Complainant is at liberty to execute the order passed by the Trial Court against the Petitioner/Accused as per law. 3. That on payment of the above amount of Rs.2,00,000/- the entire transaction between Petitioner and Respondent shall be closed and the petitioner shall be discharged of his liability towards the said loan. 4. The parties to this Revision Petition have set their hands to this settlement before the Lok-Adalat in the presence of Conciliators on 08/03/2025 at Dharwad. Accordingly, placing the joint memo on record, following: - 4 - NC: 2025:KHC-D:7045 CRL.RP No. 100280 of 2023 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. Time is extended to pay the balance fine amount till 31.05.2025. iv. After payment of entire compensation amount, fine amount of Rs.10,000/- towards defraying expenses of the State stands set aside. v. Amount in deposit is ordered to be withdrawn by the complainant under due identification. Sd/- (V.SRISHANANDA) JUDGE KAV/CT:GSM/List No.: 2 Sl No.: 17