- 1 - NC: 2025:KHC-D:2041 CRL.RP No. 100077 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL REVISION PETITION NO. 100077 OF 2019 [397(Cr.PC)/438(BNSS)] BETWEEN: MAHESH ENTERPRISES ITS PROP: MAHESHAPPA MURIGEPPA UPPIN, AGE: YEARS, OCC: BUSINESS, R/O: BANDAR ROAD, MANGALURU, STATE: KARNATAKA. … PETITIONER (BY SRI NAVEEN CHATRAD, ADVOCATE) AND: SRI MRUTYUNJAYA TRADERS REPRESENTED BY PROP: MAHADEVAPPA S/O. UJJAPPA MALLAPPANAVAR, AGE: 48 YEARS, OCC: BUSINESS, R/O: BYADGI, DIST: HAVERI, STATE: KARNATAKA. … RESPONDENT (BY SRI S.B.PATIL, ADVOCATE (VAKALATH FILED)) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W. 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT AND ORDER DATED 07.01.2019 PASSED BY THE LEARNED II- ADDL. DIST. & SESSIONS JUDGE, HAVERI, SITTING AT RANEBENNUR IN CRL.A.NO.94/2015, CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION DATED 07.09.2015 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC, BYADGI, IN C.C.NO.190/2009 FOR THE OFFENCES P/U/S.138 OF NI ACT. MANJANNA E Digitally signed by MANJANNA E Date: 2025.02.01 15:54:10 +0530 - 2 - NC: 2025:KHC-D:2041 CRL.RP No. 100077 of 2019 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) Challenging judgment/order dated 07.09.2015 passed by Civil Judge and JMFC., Byadgi in C.C.no.190/2009 and judgment/order dated 07.01.2019 passed by II Addl. District and Sessions Judge, Haveri, sitting at Ranebennur in Crl.Appeal no.94/2015, this revision petition is filed. 2. Sri Naveen Chatrad, learned counsel for petitioner and Sri S. B. Patil, learned counsel for respondent jointly submitted that matter is settled between parties and a compromise petition is filed under Section 147 of Negotiable Instruments Act, 1881, wherein, it is stated as under: “1. It is submitted that Petitioner has filed the above Criminal Revision Petition against the judgment and order dated 07-01-2019 passed by the Ld. II Addl. Dist. & Sessions Judge, Haveri, Sitting at Ranebennur in Criminal Appeal No.94/2015, confirming the judgment and order of conviction dated 07-09-2015 passed by the Ld. Civil Judge and JMFC Byadgi, in C.C.No.190/2009 for the offence punishable under section 138 of NI - 3 - NC: 2025:KHC-D:2041 CRL.RP No. 100077 of 2019 Act, whereby The trial court after appreciation of the evidence on record Acting U/s 255 (2) of Cr.P.C.the accused is convicted for the offence punishable U/s 138 of N.I.Act. The accused is sentenced to undergo S.I. for a period of 1 year and also pay fine of Rs.5,000/- In default, the accused shall undergo S.I. for a period of 3 months. Acting U/s 357 (3) of Cr.P.C. the accused is directed to pay compensation amount of Rs.2,25,000/- to the complainant. The fine amount of Rs.5,000/- shall be deposited to the state. It is submitted that Accused/petitioner has taken to the custody and now he is in judicial custody. Therefore the son of the accused is entering into compromise and signing this petition and filing the affidavit. However the Accused will file separate affidavit in support of the compromise immediately after release from the custody. 2. It is submitted that during the pendency of the above petition due to intervention of elders and mediation of the well wishers both the Petitioner and Respondent have amicably settled the above case on the following terms and conditions: 3. that the Respondent / Complainant has agreed to receive Rs. 2,25,000/- (Rupees Two Lakh and Twenty Five Thousand only)as full and final settlement amount. Out of the same he has already received Rs. 1,25,000/-(Rupees One Lakh and Twenty five Thousand only)by cash - 4 - NC: 2025:KHC-D:2041 CRL.RP No. 100077 of 2019 and today he is receiving balance agreed of Rs. 1,00,000/- (Rupees One Lakh only)by way of cash from the Petitioner/Accused before this Hon'ble Court. 4. that the Respondent/ Complainant has no objection to set aside the order of convictions passed by the courts below.” 5. Learned counsel for petitioner submits that since petitioner i.e., Maheshappa Murigeppa Uppin is in custody, his son Shailesh S/o. Mahesh Uppin is before this Court and has not only signed on compromise petition but also undertakes to comply with terms of compromise. 6. Sri Mahadevappa S/o. Ujjappa Mallappanavar i.e., complainant is present and identified by his counsel. He knowledges receipt of entire amount as mentioned in compromise petition. 7. Compromise petition is taken on record. 8. In view of above compromise, revision petition requires to be allowed. Hence, following: - 5 - NC: 2025:KHC-D:2041 CRL.RP No. 100077 of 2019 ORDER i) Criminal Revision Petition is allowed. ii) Impugned judgment/order dated 07.09.2015 passed by Civil Judge and JMFC., Byadgi in C.C.no.190/2009 and judgment/order dated 07.01.2019 passed by II Addl. District and Sessions Judge, Haveri, sitting at Ranebennur in Crl.Appeal no.94/2015 are set aside. iii) Revision petitioner is ordered to be released from custody, forthwith. iv) Intimate to concerned Jail Authority immediately. SD/- (RAVI V.HOSMANI) JUDGE RH CT:PA List No.: 1 Sl No.: 21