- 1 - HC-KAR NC: 2025:KHC-D:8032 CRL.RP No. 100169 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL REVISION PETITION NO. 100169 OF 2024 (397 OF Cr.PC/438 OF BNSS) BETWEEN: SHRI BABU IRAPPA BIJJARGI, AGE: 47 YEARS, OCC: CONTRACTOR, R/O. MAIN BAZAR ROAD, OPP. KARNATAKA VIKAS GRAMEEN BANK, A/P. ALMEL, TALUKA: SHINDAGI, DISTRICT. VIJAYAPURA, KARNATAKA-586202. …PETITIONER (BY SHRI YASH NADAKARNI, ADV. FOR SHRI VITTHAL S. TELI, ADVOCATE) AND: SHRI SHAIK CHAND BASHA MEHABOOB, AGE: 45 YEARS, OCC: CONTRACTOR, R/O. C/O. SIKHANDAR ASANGI, PLOT NO.1230D, NEAR PANGI COMPLEX, SHANKAR NAGAR, A/P. ATHANI, DISTRICT: BELAGAVI-591304. …RESPONDENT (BY SHRI IRANAGOUDA K. KABBUR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S.397 (3) R/W 401 OF CR.P.C., SEEKING TO CALL FOR RECORDS OF IN CRIMINAL APPEAL NO.24/2023 ON THE FILE THE VIII ADDL. SESSIONS JUDGE, BELAGAVI AND IN C.C. NO.169/2019 ON THE FILE OF THE VI ADDL. CIVIL JUDGE AND JMFC, BELAGAVI AND SET ASIDE THE JUDGMENT AND SENTENCE PASSED THE JUDGMENT AND SENTENCE PASSED IN CRIMINAL APPEAL NO.24/2023 DATED 08.04.2024 BY THE VIII ADDL. SESSIONS JUDGE, BELAGAVI AND JUDGMENT AND SENTENCE IN CC NO.169/2019 DATED 03.01.2023 BY THE VI ADDL. CIVIL JUDGE AND JMFC BELAGAVI OF CONVICTION FOR OFFENCE U/S. 138 OF THE N. I. ACT 1881 AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8032 CRL.RP No. 100169 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Petitioner and respondent along with their counsels are present before the Court. The compromise petition / application I.A. No.1/2025 has been filed under Section 147 of Negotiable Instruments Act, 1881 read with Sections 359 and 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to set aside the judgment of conviction and order of sentence dated 03.01.2024 in C.C. No.169/2019 passed by the learned VI Additional Civil Judge and JMFC, Belagavi. The contents of the application are as follows: “Herein the application on behalf of the petitioner/accused and respondent/complainant is as under; 1. The above petitioner is against the judgement and sentence passed in Criminal Appeal No. 24/2023 dated 08.04.2024 by the VIII Addl Sessions Judge, Belagavi and judgment and sentence in CC No.169/2019 dated 03.01.2024 by the VI Addl Civil Judge and JMFC Belagavi of conviction for offence U/s 138 of the Negotiable Instruments Act 1881. - 3 - HC-KAR NC: 2025:KHC-D:8032 CRL.RP No. 100169 of 2024 2. The petitioner/accused and respondent/complainant have settled the dispute/lis as per advice of elder of community and village on the following terms and conditions a. That the respondent/complainant has agreed to receive an amount of Rs 1,47,50,000/- towards full and final settlement and undertakes that the respondent/complainant has no further claim of whatsoever against the petitioner/accused in respect of this transaction. b. That the petitioner/accused has agreed to pay sum of Rs 1,47,50,000/- towards full and final settlement infavour of the respondent/complainant. c. That the petitioner/accused as per the interim passed by this Hon'ble Court and Sessions Court has already deposited Rs 1,47,50,000/- and same in invested in national bank. d. That the petitioner/accused submits/states that the amount deposited before VI Addl. J.M.F.C.- Belagavi may be released Infavour of respondent/complainant inclusive of interest accrued if any. 3. The petitioner/accused and respondent/ complainant submits that the above compromise/settlement is out of free will and - 4 - HC-KAR NC: 2025:KHC-D:8032 CRL.RP No. 100169 of 2024 amicable and without any bodies force and coercion or inducement etc. 4. The contents of above paras are read over and explained to the petitioner/accused and respondent/complainant. Wherefore, the petitioner/accused and respondent/complainant submits that the judgment of conviction and order of sentence in Criminal Appeal No. 24/2023 dated 08.04.2024 by the VIII Addi Sessions Judge, Belagavi and judgment and sentence in CC No 169/2019 dated 03.01.2024 by the VI Addl Civil Judge and JMFC Belagavi of conviction for offence U/s 138 of the Negotiable Instruments Act 1881 may kindly-aside, in the interest of justice and equity. 2. In view of the settlement arrived at between the parties, this Court is of the opinion that the compromise entered into by the parties deserves to be accepted. Accordingly, the judgment of conviction and order of sentence dated 03.01.2024 in C.C. No.169/2019 passed by the learned VI Additional Civil Judge and JMFC, Belagavi and confirmed by First Appellate Court in Criminal Appeal No.24/2023 are liable to be set aside. Accordingly, - 5 - HC-KAR NC: 2025:KHC-D:8032 CRL.RP No. 100169 of 2024 I.A. No.1/2025 is allowed. Therefore, I proceed to pass the following: ORDER i. The Criminal Revision Petition is allowed. ii. The judgment of conviction and order of sentence dated 03.01.2024 in C.C. No.169/2019 passed by the learned VI Additional Civil Judge and JMFC, Belagavi and the judgment of conviction and order of sentence dated 08.04.2024 in Criminal Appeal No.24/2023 passed by the learned VIII Additional Senior Civil Judge, Belagavi are hereby set aside. iii. It is hereby ordered that the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 stands compounded in view of the settlement between the parties. Sd/- (VENKATESH NAIK T) JUDGE Rsh /ct-an List no.: 1 sl no.: 59