- 1 - NC: 2025:KHC-D:3478 CRL.RP No. 100138 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL REVISION PETITION NO.100138 OF 2018 [397(CR.PC)/438(BNSS)] BETWEEN: RAMACHANDRA TIMMAPPA NAIK AGE: 59 YEARS, OCC: BUSINESS, R/O: BANAVASI ROAD, HANCHINAKERI, SIRSI, UTTARA KANNADA. … PETITIONER (BY SMT. PRAFULLA NAIK, ADVOCATE) AND: 1. SMT.JAYASHEELA W/O. LATE SHIVAPPA MADIVAL, AGE: 41 YEARS, OCC: HOUSEHOLD. 2. HARSHITA D/O. SHIVAPPA MADIVAL, AGE: 18 YEARS, OCC: STUDENT. 3. MANIKANTHA S/O. SHIVAPPA MADIVAL, AGE: 16 YEARS, OCC: STUDENT. 4. RAKSHITA D/O. SHIVAPPA MADIVAL, AGE: 14 YEARS, OCC: STUDENT. (RESPONDENT NO.3 AND 4 ARE MINORS, REPRESENTED BY NATURAL GUARDIAN MOTHER i.e. RESPONDENT NO.1.) RESPONDENT NO.1 TO 4 ARE RESIDING AT: R/O. SHRIRAM COLONY, RAMANBAIL, SIRSI (N.K.). … RESPONDENTS (BY SRI VISHWANATH HEGDE, ADVOCATE FOR R1 AND R2; R3 AND R4 ARE MINORS, REPRESENTED BY R1) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH UNDER SECTION 401 OF CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED 08.05.2018 PASSED BY I ADDL. DISTRICT AND SESSION JUDGE, U.K. KARWAR SITTING AT SIRSI BY CONFIRMING THE ORDER DATED 19.01.2013 PASSED BY THE COURT OF I ADDL. J.M.F.C. AT SIRSI FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I.ACT. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.02.21 14:52:29 +0530 - 2 - NC: 2025:KHC-D:3478 CRL.RP No. 100138 of 2018 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) Challenging judgment dated 08.05.2018 passed by I Additional District and Sessions Judge, Uttara kannada, Karwar sitting at Sirsi (‘Appellate Court’, for short) in Crl.A.no.39/2013 confirming judgment of conviction and order of sentence dated 19.01.2013 passed by I Additional JMFC, Sirsi (‘Trial Court’, for short) in C.C.no.1169/2006, this revision petition is filed. 2. Though various grounds are urged in support of challenge, Sri Vishwanath Hegde, learned counsel for respondents on instructions submits that entire dues of respondents are settled during pendency of revision petition and it has no further claims against petitioner insofar as cheque in question. 3. In view of said submission, need for examining of impugned judgment and order on merits would not be necessary and revision petition would require to be allowed and order of conviction and sentence set-aside. Hence following: - 3 - NC: 2025:KHC-D:3478 CRL.RP No. 100138 of 2018 ORDER a. Revision petition is allowed. b. Impugned judgment dated 08.05.2018 passed by I Additional District and Sessions Judge, Uttara Kannada, Karwar sitting at Sirsi in Crl.A.no.39/2013 and judgment of conviction and order of sentence dated 19.01.2013 passed by I Additional JMFC, Sirsi in C.C.no.1169/2006, are set aside. c. Consequently petitioner - accused is acquitted of offence punishable under Section 138 of Negotiable Instrument Act. d. Bail bond of accused and Surety bond shall stand cancelled. SD/- (RAVI V.HOSMANI) JUDGE EM CT:PA LIST NO.: 1 SL NO.: 36