- 1 - NC: 2025:KHC-D:5629 CRL.RP No. 100259 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.100259 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: SMT. PRAMILA RAJASHEKAR SIRSIKAR @ PRAMILA D/O. SHIVARUDA BIJAPUR, AGE: 36 YEARS, OCC. BUSINESS, R/O. BANAKAR ROAD, GADAVALE BUILDING, MUNDGOD, UTTAR KANNADA-581401. …PETITIONER (BY SRI VENKATESH M. KHARVI, ADVOCATE) AND: JAGANNATH RAMA PAVASAKAR AGE: 68 YEARS, OCC. RETIED EMPLOYEE, R/O. NEHARU NAGAR, BEHIND MARUTI TEMPLE, SIRSI, UTTAR KANNADA. …RESPONDENT (BY SRI S.V. YAJI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR THE ENTIRE RECORDS ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC SIRSI IN C.C.NO. 185/2017, DATED 30.03.2021 AND SET ASIDE THE JUDGMENT OF CONVICTION PASSED BY THE I ADDL. DISTRICT AND SESSION JUDGE UTTAR KANNADA, SITTING AT SIRSI IN CRL.APPEAL NO. 5033/2022 DATED 08.02.2023 CONFIRMING THE JUDGMENT PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC SIRSI IN C.C.NO. 185/2017, DATED 30.03.2021 FOR THE OFFENCE U/SEC. 138 OF N.I. ACT. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.29 11:58:37 +0530 - 2 - NC: 2025:KHC-D:5629 CRL.RP No. 100259 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Joint Memo filed. 2. Joint memo reads as under: “Here in the Advocate for Petitioner prays and submits as under: 1) That the Petitioner here in challenging the Judgement passed by 1st Addl. Dist & session Judge Uttar Kannada in Crl. Appeal no. 5033/2022 dated 08/02/2023 & confirming the Judgement passed by the learned prl. Civil Judge & JMIFC Sirsi in CC No. 185/2017 dtd 30/03/2021. 2) That after intervention of Elders of the petitioner/Accused & respondent/complainant have amicably settled the matter before on following terms & conditions. a) That the petitioner hereby agreed to pay fine amount of Rs. 6,00,000/- ay Order by the Hon'ble Trail court and appellate court. That the petitioner has alredy deposited the amount of Rs. 1,25,000/- before Trail Court, Rs. 40,000/- in cash before this - 3 - NC: 2025:KHC-D:5629 CRL.RP No. 100259 of 2023 Hon'ble court, an amount of RS, 1,25,000/- deposited before this court on 11/3/24. b) The revision petitioner / Accused has agreed to pay remaining amount of RS. 3,10,000/- by monthly installments of Rs 50,000/- Each for the first five months and remaining 60,000/- is to be paid on or bellary 10/Sept/2025. Respondent/ complainant is Entitle for the Entire fine amount of Rs. 6,00,000/- In view of the Joint memo, this revision petition kindly be disposed in the interest of Justice.” 3. As per joint memo, out of the fine amount of Rs.6,00,000/- sum of Rs.2,90,000/- is already paid / deposited by the revision petitioner. 4. Balance sum of Rs.3,10,000/- would be paid in six installments commencing from 15.04.2025. Last installment would be in a sum of Rs.60,000/-. 5. After the payment of entire compensation amount as agreed in the joint memo, fine amount imposed by the trial Magistrate, confirmed by the First Appellate - 4 - NC: 2025:KHC-D:5629 CRL.RP No. 100259 of 2023 Court towards defraying expenses of the State stands set aside. 6. Since, the fine amount is already deposited, revision petitioner is entitled to refund of the same as lis is privy to the parties and no State machinery is involved. 7. It is made clear that, if any one of the installments is not paid, the revision petitioner shall undergo imprisonment as ordered by the trial Court. 8. Amount in deposit is ordered to be withdrawn by the complainant under due identification before this Court as well as before the trial Court. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA LIST NO.: 2 SL NO.: 49