- 1 - NC: 2025:KHC-D:7114 CRL.RP No. 100014 of 2025 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. 100014 OF 2025 (397(Cr.PC)/438(BNSS) BETWEEN: RAJARAM S/O. RAMALING BHOSLE, AGED ABOUT 48 YEARS, OCC: BUSINESS, RESIDING AT SOUDAGAR BUILDING, SHRIRAM CIRCLE, 4 TH CROSS, NAVAYODYA NAGAR, OLD HUBBALLI, HUBBALLI. …PETITIONER (BY SRI. ANKIT DESAI, ADVOCATE) AND: ANILKUMAR S/O. SHANKAR NARAYANAKAR, AGED ABOUT 63 YEARS, OCC: RETIRED GOVT. SERVANT, RESIDING AT PLOT NO.12, SHRIRAM NAGAR, BESIDE GARDEN, OLD HUBBALLI, HUBBALLI, DIST. DHARWAD-580001. …RESPONDENT (BY SRI. PRASHANT MATHAPATI, ADV. FOR SRI. AMRUTH V. JOIS, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W. 401 OF CR.P.C. (438 R/W 442 OF BNSS), SEEKING TO CALL FOR THE RECORDS IN CC NO.3453/2022 ON THE FILE IV ADDL.CIVIL JUDGE AND JMFC, HUBLI AND IN CRIMINAL APPEAL NO.5074/2024, ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE AT DHARWAD (SITTING AT HUBBALLI) FOR THE OFFENCES PUNISHABLE U/S. 138 OF N.I. ACT AND SET ASIDE THE JUDGMENT CONVICTION AND ORDER DATED 17.09.2024 PASSED BY I ADDL. DISTRICT AND SESSIONS JUDGE AT DHARWAD (SITTING AT HUBBALLI) IN CRIMINAL APPEAL NO.5074/2024 AND THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 19.04.2024 PASSED BY IV ADDL.CIVIL JUDGE AND JMFC, HUBLI IN CC NO.3453/2022, CONSEQUENTLY ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE PASSED BY BOTH THE COURTS, FOR THE OFFENCES P/U/S. 138 OF N.I. ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:7114 CRL.RP No. 100014 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) A sum of Rs.67,500/- is tendered by the revision petitioner to the counsel for respondent and the same is acknowledged in the order sheet by Sri.Prashanth Mathapathi on behalf of Sri.Amruth V. Jois, counsel. 2. A joint memo is filed signed by revision petitioner and his counsel and on be half of Sri.Amruth V. Jois, counsel, Sri.Prashanth Mathapati. Contents of the joint memo reads as under: “ The Undersigned respectfully submits that the Revision petitioner and the respondent has settled the matter to amount of Rs.1,75,000/- in words one lakh seventy five thousand as of now Rs.67,500/- has been paid in cash by the Revision petitioner to the respondent counsel and the Revision Petitioner has no objection to release the amount in deposit before the Appellant Court of Rs.40,000/- that is in total Rs.1,07,500/- is been paid. The remaining amount of Rs.67,500/- will be paid to the respondent within a period of six months to follows:- 01.06.2025 Rs.11,250/- 01.07.2025 Rs.11,250/- 01.08.2025 Rs.11,250/- - 3 - NC: 2025:KHC-D:7114 CRL.RP No. 100014 of 2025 01.09.2025 Rs.11,250/- 01.10.2025 Rs.11,250/- 01.11.2025 Rs.11,250/- Total amount Rs. 67500/- 3. Placing the joint memo on record, revision petition stands disposed of. 4. It is made clear that if the agreed amount of compensation is not paid, the order of the trial Magistrate confirmed by the First Appellate Court stands restored automatically. 5. Amount in deposit is ordered to be withdrawn by the complainant under due identification. 6. After payment of the agreed amount of compensation, the fine amount of Rs.5,000/- ordered by the trial Magistrate and confirmed by the First Appellate Court towards the defraying expenses of the State stands set aside. SD/- (V.SRISHANANDA) JUDGE HMB/CT-AN/List No.: 2 Sl No.: 15