- 1 - HC-KAR NC: 2025:KHC-D:9398 CRL.RP No. 100226 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100226 OF 2025 (397(CR.PC)/438(BNSS)) BETWEEN: JAHANGEERBASH S/O MARDANSAB WALIKAR, AGE: 52 YEARS, OCC: BUSINESS, R/O: DARGA ONI, HANGAL, AT: HANGAL, DIST: HAVERI. … PETITIONER (BY SRI. L.S. SULLAD, ADVOCATE) AND: SMT. SAROJA W/O MANJUANTH HULLIKASHI, AGE: 48 YEARS, OCC: BUSINESS, R/O: NAVANAGAR, HANGAL, TQ: HANGAL, DIST: HAVERI. … RESPONDENT (BY SRI. NAGARAJ J. APPANNAVAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 438 R/W 442 OF BNSS, PRAYING TO SET ASIDE THE ORDER PASSED ON 24.07.2023 IN CC NO.41/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HANGAL, AND ALSO SET ASIDE THE JUDGMENT IN CRIMINAL APPEAL NO.117/2023 DATED 16.01.2024 ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE AND FTSC-I, HAVERI, FOR OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT AND CALL FOR THE TCR. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9398 CRL.RP No. 100226 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. For the reason stated in the affidavit filed in support of the application, the delay of 423 days caused in filing the criminal revision petition is condoned. I.A. No.1/2025 stands allowed accordingly. 2. This criminal revision petition is filed by the accused assailing the judgment and order of conviction and sentence passed by the Court of Senior Civil Judge and JMFC, Hangal in C.C. No.41 of 2017 dated 24.07.2023, which is confirmed in Criminal Appeal No.117 of 2023 by the Court of Additional District and Sessions Judge, FTSC-I, Haveri by judgment and order dated 16.01.2024. 3. Learned counsel for the parties jointly submit that the dispute between the parties has been amicably settled and the parties have today filed an application under Section 147 of the Negotiable Instruments Act seeking permission of this Court to compound the offence punishable under Section 138 of the Negotiable Instruments - 3 - HC-KAR NC: 2025:KHC-D:9398 CRL.RP No. 100226 of 2025 Act, for which the petitioner has been convicted and sentenced by the Courts below. 4. The compromise petition filed by the parties is taken on record. 5. A perusal of the same would go to show that the compromise petition is signed by the complainant and by the son of the petitioner, who is said to be in custody. It is also signed by the respective advocates of both the parties. 6. In paragraph No.4 of the compromise petition, it is stated as follows: “4. It is submitted that during the pendency of the above petition due to intervention of elders and mediation of the well-wishers both the Petitioner and Respondent have amicably settled the above case on the following terms and conditions: i) that the Respondent/Complainant has agreed to receive Rs. 3,95,000/- (Rupees Three Lakh and Ninety-Five Thousand only) as full and final settlement amount. The said agreed amount is already received by the petitioner/accused before the elders, there is no due from the petitioner/accused. ii) that the Respondent/ Complainant has no objection to set aside the order of convictions passed by the courts below.” - 4 - HC-KAR NC: 2025:KHC-D:9398 CRL.RP No. 100226 of 2025 7. The respondent / complainant, who is before this Court in-person has acknowledged the receipt of ₹.3,95,000/- from the petitioner. 8. Under the circumstances, I am of the opinion that this is a fit case, wherein this court is required to permit the parties to compound the alleged offence. Accordingly, the following: ORDER (i) The criminal revision petition and the prayer made by the parties to permit them to compound the offence for which the petitioner has been convicted by the Courts below are allowed. (ii) The judgment and order of conviction and sentence passed by the Court of Senior Civil Judge and JMFC, Hangal in C.C. No.41 of 2017 dated 24.07.2023, which is confirmed in Criminal Appeal No.117 of - 5 - HC-KAR NC: 2025:KHC-D:9398 CRL.RP No. 100226 of 2025 2023 by the Court of Additional District and Sessions Judge, FTSC-I, Haveri by judgment and order dated 16.01.2024, are set aside, and the petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instrument Act. (iii) The Registry is directed to forthwith intimate the jail authorities at Dharwad, where the petitioner is said to be in custody to release him forthwith. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 40