- 1 - NC: 2025:KHC-D:7087 CRL.RP No. 100387 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100387 OF 2023 (397(Cr.PC)/438(BNSS) BETWEEN: NISHANT MEDICALS A PROPRIETARY FIRM, R/BY ITS SHRI RAJU C BHANDARE, AGE: 42 YEARS, OCC: BUSINESS, R/O. 43/61, NEAR RAILWAY GATE, TANAJI GALLI, BELAGAVI, PIN CODE-590003 …PETITIONER (BY SRI. MAHANTESH S. HIREMATH, ADVOCATE) AND: SHRI NEELKANTA B MASTAMARADI AGE: 42 YEARS, OCC: BUSINESS, R/O. H. NO.315, CHAVADI GALLI, M VADGAON, BELAGAVI, PIN CODE-590003. …RESPONDENT (BY SRI SADANANAD M.K., ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS AND ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGMENT PASSED IN CRIMINAL APPEAL NO. 102/2021 DATED ON 29.10.2022 PASSED BY THE VIII ADDL. DIST AND SESSION JUDGE BELAGAVI AND ALSO THE JUDGMENT AND ORDER PASSED IN C.C.NO. 630/2017 DATED 02.03.2021 PASSED BY THE VI J.M.F.C. BELAGAVI FOR THE OFFENCE PUNISHABEL U/SEC. 138 OF NI ACT AND ALLOW THE REVISION PETITION. THIS PETITION, COMING ON FOR ORDERS, 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:7087 CRL.RP No. 100387 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Non-bailable warrant issued by this Court is returned unexecuted as per the police report. However, revision petitioner voluntarily appears before the Court. 2. Application under Section 70 (2) of Cr.P.C. of filed. Same is allowed on payment of fine amount of Rs.500/- to the Karnataka State High Court Legal Services Committee, Dharwad Bench, Dharwad. 3. A sum of Rs.50,000/- is tendered by the revision petitioner today. Respondent acknowledges the same by signing the order sheet. 4. A joint memo is filed reporting the settlement. 5. Joint memo reads as under: “Herein the joint memo filed on behalf of petitioner and the respondent is as under that in the above top noted case today the petitioner has given 50,000/- to the respondent through Cash on 02.05.2025. - 3 - NC: 2025:KHC-D:7087 CRL.RP No. 100387 of 2023 Further i.e. it is submitted that the petitioner has agreed to repay the amount through instalments. Further in the month of june petitioner has to pay 1,25,000/-. The petitioner again he has agreed that he will pay Rs.1,00,000/- amount to the respondent in the month of july again remaining balance of rs.1,00,000/- the petitioner to pay to the respondent in the month of august. It is submitted that has agreed to pay the amount within a period of 3 month. Hence this memo in the interest of justice and equity.” 6. Placing the joint memo on record, revision petition stands disposed of. 7. However, if the agreed compensation is not paid as per the joint memo, the order of the Trial Magistrate confirmed by the First Appellate Court stands restored automatically. 8. 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:7087 CRL.RP No. 100387 of 2023 9. 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.: 1