- 1 - HC-KAR NC: 2025:KHC-D:13429 CRL.RP No. 100396 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100396 OF 2022 (397(CR.PC)/438(BNSS)) BETWEEN: SHRI. MARUTI PARASHARAM KAMBLE, AGE. 40 YEARS, OCC. BUSINESS, R/O. MILITARY HOSPITAL CAMP, BELAGAVI, PIN CODE-590 001, TQ. & DIST. BELAGAVI. … PETITIONER (BY SRI. DEEPAK S. KULKARNI, ADVOCATE) AND: SHRI SHEKHAR SINHA, AGE. 43 YEARS, OCC. BUSINESS, R/O. H.NO.13, SURVEY NO.33, 3RD CROSS, GAYATRI NAGAR, KHASBAG, BELAGAVI, PIN CODE-590 003, TQ. & DIST. BELAGAVI. … RESPONDENT (BY SMT. KARUNA S. MUDHOL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397(1) R/W SECTION 401 OF CR.P.C., PRAYING TO CALL FOR AND EXAMINE THE RECORDS OF A PROCEEDING IN THE CRIMINAL APPEAL NO.148/2022, FROM THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI AND IN THE CRIMINAL CASE NO.845/2020, FROM THE VI-J.M.F.C. COURT, BELAGAVI AND THE JUDGMENT AND ORDER DATED 01.10.2022, PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI IN CRIMINAL APPEAL NO.148/2022, CONFIRMING THE JUDGMENT AND ORDER PASSED BY THE VI J.M.F.C. COURT, BELAGAVI IN C.C. NO.845/2020, DATED 22.04.2020, WHEREIN THE REVISION PETITIONER HAS BEEN CONVICTED FOR AN OFFENCES PUNISHABLE UNDER SECTION 138 OF THE N.I. ACT AND HE HAS BEEN SENTENCED TO PAY A SUM OF RS.4,13,000/- AND IN DEFAULT OF PAYMENT OF FINE HE SHALL UNDERGO SIMPLE IMPRISONMENT FOR A PERIOD OF 1 YEAR, MAY BE SET ASIDE BY ALLOWING THIS REVISION PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13429 CRL.RP No. 100396 of 2022 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The petitioner is before this Court in this Criminal Revision Petition filed under Section 397 read with 401 of Cr.P.C. with a prayer to set aside the judgment and order of conviction and sentence passed in C.C. No.845/2020 by the Court of the VI-JMFC, Belagavi, dated 22nd April 2022 and the judgment and order dated 1st October 2022 passed in Criminal Appeal No.148 of 2022 by the Court of IV-Additional District and Sessions Judge, Belagavi. 2. Heard the learned counsel for the parties. 3. The petitioner has been convicted and sentenced by the trial Court in C.C. No.845 of 2020 for the offence punishable under Section 138 of N.I. Act and the said judgment and order of conviction and sentence has been confirmed in Criminal Appeal No.148 of 2022 by the - 3 - HC-KAR NC: 2025:KHC-D:13429 CRL.RP No. 100396 of 2022 Appellate Court by judgment and order dated 01.10.2022. It is under these circumstances, the petitioner had preferred this criminal revision petition before this Court, and during the pendency of this criminal revision petition, the dispute between the parties has been settled before the Mediation Center at Dharwad, and the parties have executed a memorandum of agreement before the Mediation Center on 24.09.2025. 4. Learned counsel for the parties submit that in view of the settlement arrived between the parties, this Criminal Revision Petition may be disposed of in terms of the settlement. The parties who are present in-person before the Court are identified by their respective advocates. The memorandum of agreement executed by the parties before the Mediation Center at Dharwad is signed by the parties and also by their respective advocates. The same is taken on record. - 4 - HC-KAR NC: 2025:KHC-D:13429 CRL.RP No. 100396 of 2022 5. In paragraph Nos.1 to 3 of the memorandum of agreement dated 24.09.2025, it is stated as follows: “1. The Revision Petitioner/Accused and the Respondent/Complainant have settled the matter. The Revision Petitioner/Accused has settled matter with the Respondent/ Complainant for Rs. 4,00,000/- (Rupees Four Lakhs Only) including the above said amount of Rs. 2,05,900/- which has been deposited before the Trial Court. Whereas, during the pendency of the case the Revision Petitioner has paid Rs. 82,000/- for the first time and Rs. 1,23,900/ on the second occusaion to the Respondent/Complainant. Therefore the Revision Petitioner/ Accused has no any type of objection to withdraw the above said deposited amount before the Trial Court. 2. Therefore, the Revision. Petitioner/Accused has paid total amount of Rs. 4,00,000/- including the above said deposited amount of Rs.2,05,900/-deposited before Trial Court and now settled the matter by paying the remaining amount of Rs. 1,94,100/- (Rupees One Lakh Ninety Four Thousand One Hundred Only) to the Respondent/Complainant. Therefore the Respondent/ Complainant has no any type of arrears, demands, claim against the Revision Petitioner/Accused. 3. Since, the Revision Petitioner and the Respondent have settled the present case, therefore it is most humbly prayed that (I). the Judgment and Order dated: 01-10-2022, - 5 - HC-KAR NC: 2025:KHC-D:13429 CRL.RP No. 100396 of 2022 passed by the Hon'ble VI Additional District & Sessions Judge, Belagavi in Criminal Appeal No-148/2022 in, confirming the Judgment & Order passed by the J.M.F.C.-VI Court, Belagavi in C.C. No-845/2020, dated: 22-04- 2022, may kindly be set-aside and (II). The Judgment and Order of sentence dated: 22-04- 2022 passed by the Hon'ble J.M.F.C.. VI Court, Belagavi in Criminal Case No-845/2020, wherein, the Revision Petitioner has been convicted for the offence punishable under section 138 of the N.I. Act and sentenced to pay a fine of Rs. 4,13,000/- and in default of payment of fine the accused shall undergo simple imprisonment for a period of 1 year, may kindly be set aside and the Revision Petitioner/Accused may kindly be acquitted and the deposited amount in CC No. 845/2020 on the file of JMFC VI Court Belagavi may kindly be released in favour of Respondent.” 6. The petitioner has been convicted for offence punishable under Section 138 of N.I. Act, which is compoundable in nature. 7. Considering the settlement between the parties, which is reduced to writing before the Mediation Center at Dharwad, this Criminal Revision petition is required to be disposed of in terms of the settlement and the parties are - 6 - HC-KAR NC: 2025:KHC-D:13429 CRL.RP No. 100396 of 2022 required to permitted to compound the alleged offence, for which the petitioner has been convicted. Accordingly, the following: ORDER (i) The Criminal Revision Petition is allowed. (ii) The judgment and order of conviction and sentence passed in C.C. No.845/2020 by the Court of the VI- JMFC, Belagavi, dated 22nd April 2022, which is confirmed by the judgment and order dated 1st October 2022 passed in Criminal Appeal No.148 of 2022 by the Court of IV-Additional District and Sessions Judge, Belagavi, are set aside, and the petitioner is acquitted of the offence punishable under Section 138 of N.I. Act, and his bail bonds, if any, stands cancelled. (iii) The respondent-complainant is permitted to withdraw the amount of ₹.2,05,900/- deposited before the - 7 - HC-KAR NC: 2025:KHC-D:13429 CRL.RP No. 100396 of 2022 trial Court, after producing necessary documents in support of his identity. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 2 SL NO.: 1