- 1 - NC: 2025:KHC-D:5551 CRL.RP No. 100263 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100263 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: SRI IBRAHIM S/O. MAKTUM HUSSAIN BETAGERI, AGED ABOUT 46 YEARS, OCC. KSRTC EMPLOYEE, R/O. BEERABAND ONI, OLD HUBBALLI, HUBBALLI-580024. …PETITIONER (BY SRI S.K. KAYAKAMATH, ADVOCATE) AND: SRI RAJENDRA S. ARAKERI AGE: MAJOR, OCC. RETIRED KSRTC EMPLOYEE, NOW R/O. BEERABAND ONI NAV AYODYA NAGAR, OLD HUBBALLI, HUBBALLI, PLOT NO.2, SANMAN COLONY, GOKUL ROAD, HUBBALLI-580030. …RESPONDENT (BY SRI RAJASHEKHAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT DATED 04.02.2023 PASSED BY THE I-ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI IN CRIMINAL APPEAL NO.5006/2022 AND CONSEQUENTLY SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 02.01.2020 PASSED BY THE JMFC-II COURT, HUBBALLI IN C.C.NO.2593/2017 FOR THE OFFENCE P/U/SEC. 138 OF N.I ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.29 11:58:47 +0530 - 2 - NC: 2025:KHC-D:5551 CRL.RP No. 100263 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) A joint memo is filed reporting the settlement. Joint memo reads as under: “Herein the advocate for the Rev. Petitioner and the respondent most respectfully submits as under: 1. That, the matter between the petitioner and the respondent has been amicably settled. 2. That, in terms settlement the Rev. petition has agreed to pay for sum of Rs. 3,30,000/- and the respondent has agreed to receive the said sum as full and final settlement of the claim. 3. That, the petitioner has deposited sum of Rs. 60,000/- on 28.09.2022 under que No. 980/2022 before the Trial Court and further deposited sum of Rs. 1,35,000/ on 07.09.2023 under que No. 802/2023 in all deposited Rs. 1,95,000/- before the Trial Court. 4. That, the petitioner has agreed to pay balance sum of Rs. 1,30,000/-on or before 15.04.2025. Similarly, the respondent has agreed to receive the said sum on or before 15.04.2025. 5. That, the petitioner has no objection for release of the amount of Rs. 1,95,000/- deposited before the Trial court in favour of the respondent. 6. Therefore, it is humbly prayed that, offence be compounded in the in the interest of justice - 3 - NC: 2025:KHC-D:5551 CRL.RP No. 100263 of 2023 This joint memo has been submitted on 26.03.2025.” Placing the joint memo on record, revision petition stands disposed of. It is made clear that agreed compensation amount if not paid as per the joint memo, the order of the Trial Magistrate confirmed by the First Appellate Court stands restored automatically. After the payment of compensation amount, the fine amount of Rs.10,000/- ordered by the Trial Magistrate confirmed by the First Appellate Court towards the defraying expenses of the State is set aside. The amount in deposit is ordered to be withdrawn by the complainant under due identification. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA LIST NO.: 2 SL NO.: 14