- 1 - HC-KAR NC: 2025:KHC:29264 CRL.RP No. 1114 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 1114 OF 2025 BETWEEN: MOHAMMED HANIF, AGED ABOUT 51 YEARS, R/AT NO 71-2, GANDHI NAGARA, HALEPETE , UJIRE POST, BELTHANGADY TALUK, ALSO R/AT NO 9-65/10, T H MANZIL, T B CROSS, BELTHANGADY TALUK, D K DISTRICT - 574240, MOB 9686061857. …PETITIONER (BY SRI JITHIN JEIJO, ADVOCATE) AND: M/S BHARATH TRADERS, UJIRE VILLAGE AND POST, BELTHANGADY TALUK, D K DIST, REPRESENTED BY ITS PARTNER P PANDURANGA BALIGA, AGED ABOUT 68 YEARS, S/O MANJUNATHA BALIGA, MANJUSHREE NILAYA, MAIN ROAD, UJIRE VILLAGE, BELTHANGADY TALUK, D K DISTRICT - 574240. …RESPONDENT (BY SMT TUSHARA, ADVOCATE) THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER ON Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29264 CRL.RP No. 1114 of 2025 SENTENCE DATED 31.12.2024 PASSED BY THE HONBLE II ADDL.DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU IN CRL.A NO.302/2023, PRODUCED AS DOCUMENT NO.1 WHICH CONFIRMED THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 25.11.2023 PASSED BY THE HONBLE PRL.SENIOR CIVIL JUDGE AND JMFC COURT, BELTHANGADY, DAKSHINA KANNADA, IN CC NO.173/2019 PRODUCED AS DOCUMENT NO.2 BY ALLOWING THIS REVISION PETITION. THIS PETITION, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER I.A.1/2025 is filed to condone the delay of 113 days in filing the revision petition. 2. Sri Tushar, learned counsel for the respondent submits that delay may be condoned. 3. Accepting the cause shown in the affidavit filed in support of the application, delay of 113 days in filing the revision petition is condoned. Accordingly, I.A.1/2025 is allowed. - 3 - HC-KAR NC: 2025:KHC:29264 CRL.RP No. 1114 of 2025 4. Learned counsel for the petitioner submits that this petition is filed against the judgment dated 25.11.2023 in C.C.No.173/2019 on the file of the JMFC, Belthangady, D.K.District. 5. The cheque was for Rs.1.00 lakh. Accused is sentenced to pay Rs.1,10,000/-, out of which Rs.10,000/- is ordered to be payable as a fine to State and balance of Rs.1.00 lakh is ordered to be paid to the complainant. 6. The appeal filed against the said judgment in Crl.A.302/2023 is dismissed vide impugned judgment dated 31.12.2024. 7. Learned counsel for the petitioner submits that the petitioner has paid entire Rs.1.00 lakh by transferring the amount to the account of the respondent-complainant. It is submitted that in addition Rs.35,000/- is also paid towards litigation expenses. Thus, he would submit that there is no liability. - 4 - HC-KAR NC: 2025:KHC:29264 CRL.RP No. 1114 of 2025 8. Sri Tushar, learned counsel submits that the complainant has received the amount as stated above as the dispute is settled. 9. Learned counsel for the respondent has also filed an affidavit reporting receipt of Rs.1,35,000/- which is taken on record. 10. Since, it is submitted that the entire amount is paid along with litigation expenses of Rs.35,000/-, this Court is of the view that the impugned order be set-aside and accordingly set-aside. Accused-petitioner is acquitted. Bail bond stand cancelled. 11. Accordingly, petition is allowed as indicated above. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 4 Sl No.: 1