- 1 - HC-KAR NC: 2025:KHC-D:18624 CRL.RP No. 100345 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL REVISION PETITION NO.100345 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: SHAFFIAHMED HUSENSAB VADDO, AGE. 32 YEARS, OCC. BUSINESS, R/O. KHADRI TOWN, RAZA TOWN ROAD, OLD HUBBALLI, DHARWAD DIST-580024. …PETITIONER (BY SRI. R.M. JAVED, ADVOCATE) AND: PRAVEEN ISHWARAPPA JATTI, AGE. 28 YEARS, OCC. BUSINESS, R/O. LIG-195, GANDHI NAGAR, GOKUL ROAD, HUBBALLI-580030. …RESPONDENT (BY SRI. ROHIT L.SHEELVANT, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C., PRAYING TO, SET ASIDE THE JUDGMENT AND ORDER OF DISMISSAL OF APPEAL IN CRL.A. NO.5018/2021 DATED 10.08.2023 PASSED BY I ADDL. DIST. AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI WHICH CONFIRMED THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE JMFC-III, HUBBALLI IN CC NO.1929/2020 DATED 21.09.2021, CONVICTING THE REVISION PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT SENTENCING HIM TO PAY A FINE OF RS.1,30,000/- IN DEFAULT OF PAYMENT OF FINE, THE ACCUSED SHALL UNDERGO SIMPLE IMPRISONMENT FOR SIX MONTHS, AND CONSEQUENTLY, ACQUIT THE REVISION PETITIONER/ACCUSED AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18624 CRL.RP No. 100345 of 2023 THIS CRIMINAL REVISION PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. Learned counsel for the respective parties have filed an application under Section 147 of Negotiable Instruments Act read with Section 320 of Code of Criminal Procedure, 1973 (359 of Bharatiya Nagarik Suraksha Sanhita, 2023). 2. The relevant averments are made at paragraph No.2 the said application, are read as under: “2. It is submitted that the petitioner/accused has deposited 50% of the fine amount before the Trial Court and now the matter between both the parties is settled and both of them have decided to enter into settlement and close the matter once for the all. The petitioner has deposited 50% of the fine amount, i.e.,Rs.65,000/- before the Trial Court and today he is paying Rs.65,000/- cash to the complainant/Respondent and the same is received and acknowledged by the Respondent today.” - 3 - HC-KAR NC: 2025:KHC-D:18624 CRL.RP No. 100345 of 2023 3. Having considered the same, there is no embargo on this Court to record the settlement. 4. Accordingly, I proceed to pass the following: ORDER. i) The petition is allowed in terms of the settlement. iii) The judgment of conviction and order on sentence dated 21.09.2021 passed in C.C. No.1929/2020 by the JMFC-III, Hubballi, and confirmed in the judgment dated 10.08.2023 passed in Criminal Appeal No.5018/2021 by the I Additional District and Sessions Judge, Dharwad, are hereby set aside. iv) The petitioner is acquitted for the offence under Section 138 of Negotiable Instruments Act. v) The bail bonds and surety bond of the petitioner stand cancelled. - 4 - HC-KAR NC: 2025:KHC-D:18624 CRL.RP No. 100345 of 2023 vi) The petitioner/accused is permitted to withdraw the amount deposited before the Trial Court, if any. vii) In view of disposal of the main petition, pending applications, if any, are disposed off. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 1 Sl No.: 65