- 1 - HC-KAR NC: 2025:KHC-D:11316 CRL.RP No. 100261 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100261 OF 2021 (397(Cr.PC)/438(BNSS) BETWEEN: INDRACHARI S/O HANUMANTHAPPACHARI AGE: 57 YEARS,OCC. NIL AS ON TODAY, R/O. 4TH WARD, MARIYAMMANAHALLI TOWN, TQ. HOSAPETE, DIST. BALLARI. …PETITIONER (BY SRI T. HANUMAREDDY, ADVOCATE) AND: BANDI THIMMAPPA S/O B SHANKRAPPA AGE: 31 YEARS, OCC: NOT KNOWN, R/O. 19TH WARD, KURUBARA ONI, HOSAPETE CITY, DIST. BALLARI, NOW VIJAYANAGARA-583201. …RESPONDENT (BY SRI B. ANAND SHETTY, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W SECTION 401 OF CR.P..C., SEEKING TO CALL FOR RECORDS IN C.C.NO. 212/2017 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND J.M.F.C. AT HOSAPETE AND THE RECORDS ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI SITTING AT HOSAPETE IN CRIMINAL APPEAL NO. 5034/2019 DATED 21.08.2021. AND ALLOW THIS REVISION PETITION CONSEQUENTLY SET ASIDE THE CONVICTION AND SENTENCE PASSED IN C.C.NO. 212/2017 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND J.M.F.C. AT HOSAPETE IN CONVICTING THE PETITIONER FOR OFFENCE PUNISHABLE U/S 138 OF NI ACT AND SENTENCING TO PAY SUM OF RS. 5,00,000 ID UNDERGO SI FOR 3 MONTHS AND SET ASIDE JUDGMENT OF CONVICTION AND SENTENCE IN CRIMINAL APPEAL NO. 5034/2019 DATED 21.08.2021 ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI SITTING AT HOSAPETE AND ACQUIT THE PETITIONER FROM ALL THE CHARGES. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11316 CRL.RP No. 100261 of 2021 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) This Criminal Revision Petition under Section 397 read with Section 401 of Cr.P.C. is filed by the petitioner with a prayer to set aside the judgment and order of conviction and sentence passed by the Court of Principal Civil Judge and JMFC Hospital, in CC No.212 of 2017 dated 29.06.2019 and the judgment and order dated 21.08.2021 passed in Crl.A.No.5034/2019 passed by the Court of III Addl. District and Sessions Judge at Ballari, (sitting at Hosapete). 2. Heard the learned counsel for the parties. 3. Learned counsels for the parties submits that petitioner has been convicted in the present case for the offence punishable under Section 138 of the N.I.Act. During the pendency of this revision petition, the dispute between the parties has been amicably settled before the Mediation - 3 - HC-KAR NC: 2025:KHC-D:11316 CRL.RP No. 100261 of 2021 Center at Dharwad and a memorandum of agreement has been executed between the parties and this revision petition may be disposed of in terms of the said agreement. 4. The parties who are before this Court in person are identified by their respective advocates. The parties have stated that settlement between the parties is voluntary without there being any undue influence or coercion. The memorandum of agreement dated 03.09.2025 executed between the parites which is signed by the parties and their respective advocates before the mediation centre at Dharwad is taken on record. In paragraph Nos.3 to 6 of the agreement, it is stated as follows: “3. It is submitted that, now at the intervention of the mediator and the counsels of both the side the parties have agreed to settle the matter on this day i.e., 03/09/2025 for a total fixed amount of Rs.2,000,00/-against borrowed sum of Rs. 5,00,000/- which will be disbursed by the petitioner through bank transaction from petitioner account to the respondent bank account at 4 installments i.e., - 4 - HC-KAR NC: 2025:KHC-D:11316 CRL.RP No. 100261 of 2021 a) The first installment of Rs.50,000/- on or before 02.11.2025. (b) The second installment of Rs.50,000/- on or before 02.01.2026. (c) The Third installment of Rs.50,000/- on or before 02.03.2026. (d) The Fourth installment of Rs.50,000/- on or before 02.05.2026 4. Failing which the respondent is at liberty to take legal action against the petitioner herein and the respondent herein shall not demand for any further amount apart from decided Rs.2,000,00/- against borrowed sum of Rs. 5,00,000/- with this above condition both the petitioner and the respondent herein wants to amicably settle the matter. In the view of the said development, the respondent herein withdraws all the allegations made against the petitioner. 5. That if the Petitioner/Accused fails to pay any installments as agreed above the Respondent/Complainant is at liberty to execute the order passed by the Trial Court against the Petitioner/Accused as per law. 6. Therefore, both the petitioner and the respondent pray to allow this above Criminal Revision Petition in the ends of justice and equity.” - 5 - HC-KAR NC: 2025:KHC-D:11316 CRL.RP No. 100261 of 2021 5. In view of the settlement of the dispute between the parties, this revision petition is required to be disposed of in terms of the settlement which is reduced to writing before the Mediation Center at Dharwad. Accordingly, the following order:- ORDER Criminal Revision Petition is disposed of in terms of the memorandum of agreement executed by the parties before the Mediation Center, Dharwad on 03.09.2025 and in the event the petitioner fails to comply the terms of the aforesaid Memorandum of Agreement, respondent complainant is at liberty to execute the order passed by the trial Court against the petitioner. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:GSM List No.: 3 Sl No.: 1