- 1 - NC: 2025:KHC-D:2606 CRL.RP No. 100330 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL REVISION PETITION NO.100330 OF 2022 [397(CR.PC)/438(BNSS)] BETWEEN: SACHIN S/O. BASAVARAJ LAKKUNDI, AGE: 30 YEARS, OCC. GOVT. SCHOOL TEACHER, R/O. H.P.S. HUILGOL, TQ. DIST. GADAG. … PETITIONER (BY SRI SHIVAKUMAR APARAJ, ADVOCATE) AND: SANTOSH S/O. MARUTI KAVALUR, AGE: 33 YEARS, OCC. BUSINESS, R/O. TARNALPET, BETAGERI, TQ. DIST. GADAG, PIN CODE-582102. … RESPONDENT (BY SRI H.N.GULARADDI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.PC., SEEKING TO CALL FOR THE RECORDS IN C.C.NO.236/2018 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND 2ND J.M.F.C. AT GADAG AND ALSO THE RECORDS IN CRIMINAL APPEAL NO.67/2019 ON THE FILE OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, GADAG AND TO SET ASIDE THE JUDGMENT AND SENTENCE DATED 14.08.2019 MADE IN C.C.NO.236/2018 PASSED BY THE II ADDITIONAL CIVIL JUDGE AND 2ND J.M.F.C. AT GADAG FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT AND ALSO THE JUDGMENT/ORDER CONFIRMING THE CONVICTION DATED 5TH APRIL 2021 IN CRIMINAL APPEAL NO. 67/2019 PASSED BY THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, GADAG, AS THE SAME BEING NOT SUBSTANTIAL LAW. BHARATHI H M Digitally signed by BHARATHI H M Date: 2025.02.12 14:18:01 +0530 - 2 - NC: 2025:KHC-D:2606 CRL.RP No. 100330 of 2022 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This revision petition is filed by sole accused (petitioner) challenging judgment of conviction and order of sentence dated 05.04.2021 by Principal Judge, Family Court at Gadag in Crl.A.no.67/2019 confirming judgment of conviction and order of sentence dated 14.08.2019 passed by II Addl. Civil Judge and JMFC-II, Gadag in C.C.No.236/2018 for offences punishable under Section 138 Negotiable Instruments Act, 1881 (‘NI Act’ for short). 2. Petitioner – accused and respondent – complainant and their respective counsel are present. 3. Parties have filed compromise of petition under Section 147 of NI Act r/w Section 320 of CrPC reporting compromise stating that matter is settled between parties. Respondent – complainant agreed to receive and petitioner - accused agreed to pay sum of Rs.3,00,000/- as full and final settlement towards cheque amount. Petitioner – accused has already deposited Rs.1,85,000/- before trial Court as per order - 3 - NC: 2025:KHC-D:2606 CRL.RP No. 100330 of 2022 of this Court dated 23.09.2022 and respondent may be permitted to withdraw said amount. Today, petitioner paid Rs.90,000/- by way of cash to respondent. It is submitted, petitioner is agreed to pay balance amount of Rs.25,000/- within 20 days i.e. on 02.03.2025 to respondent. Compromise petition reads as under: “1. The present Criminal revision Petition is filed by the petitioner calling in question the order passed by the Prl Civil Judge and JMFC, Gadag confirmed by the Prl Judge Family Court Gadag in Crl Appeal no.67 of 2019 and convicted the petitioner for the offences punishable under sec 138 of NI Act and sentenced to pay Rs.3,05,000/- and in default to undergo simple imprisonment of 6 months. 2. It is submitted that, on 23.09.2022 this Hon’ble Court pleased to suspended the sentence passed in C.C.236 of 2018 confirmed in Crl Appeal 67 of 2019. 3. It is submitted that, both parties are ready to settle the matter by way of compromise. 4. It is submitted that, as per the compromise the petitioner/accused is agreed to pay Rs.3,00,000/- to the respondent/ complainant. As per the order dated 23.09.2018 the petitioner/accused deposited Rs1,85,000/- before the trial court and the respondent may permitted to withdraw the said amount and today the petitioner/accused is paying Rs.90,000/- by way of cash to the respondent/complainant. 5. It is submitted that, as per the compromise the petitioner/accused is agreed to pay the - 4 - NC: 2025:KHC-D:2606 CRL.RP No. 100330 of 2022 balance amount of Rs.25,000/- within 20 days i.e. on 02.03.2025 to the respondent. Wherefore in view of the compromise between the parties this Hon’ble Court be please to compound the offence and acquit the petitioner/accused in C.C.236 of 2018. Hence the compromise petition.” 4. In light of compromise entered into between parties, terms of compromise are accepted. Hence, I proceed to pass following: ORDER i) Criminal Revision Petition is allowed in terms of compromise. ii) Judgment dated 05.04.2021 passed in Crl.A.no.67/2019 by Principal Judge, Family Court at Gadag confirming judgment of conviction and order of sentence dated 14.08.2019 passed in C.C.No.236/2018 by II Addl. Civil Judge and JMFC-II, Gadag are set aside. iii) Consequently petitioner - accused is acquitted for offence punishable under Section 138 of NI Act. - 5 - NC: 2025:KHC-D:2606 CRL.RP No. 100330 of 2022 iv) Bail bond/surety of accused shall stand cancelled. SD/- (RAVI V.HOSMANI) JUDGE CLK CT:PA LIST NO.: 1 SL NO.: 17