- 1 - NC: 2025:KHC-D:3504 CRL.RP No. 100299 of 2023 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.100299 OF 2023 [397(CR.PC)/438(BNSS)] BETWEEN: SRI MANJUNATH N.TALEKAR S/O. NAGAENDRA TALEKAR, AGED ABOUT 47 YEARS, OCC. BUSINESS, R/O. BANDIBAZAR, NEAR SHANTADURGA TEMPLE, ANKOLA TALUK-581314, UTTARA KANNADA DISTRICT. … PETITIONER (BY SRI PRAVEEN P. TARIKAR, ADVOCATE) AND: SRI SAMRUDHA N.NAYAK S/O. NARAYAN NAYAK, OCC. RECOVERY OFFICER OF SURYA CREDIT SOUHARDA SAHAKARI NIYAMITA ALAGERI, POST: BALEGULL, ANKOLA TALUK-581314, UTTARA KANNADA DISTRICT. … RESPONDENT (BY SRI S.A. KOLAKAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397(1) READ WITH UNDER SECTION 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS IN CRIMINAL APPEAL NO. 265/2019 ON THE FILE OF THE PRL. DISTRICT AND SESSION JUDGE UTTARA KANNADA, KARWAR AND IN C.C.NO. 261/2018 (OLD C.C.NO. 78/2018) ON THE FILE OF SENIOR CIVIL JUDGE AND J.M.F.C. ANKOLA AND SET ASIDE THE IMPUGNED JUDGMENT DATED 29.11.2022 PASSED BY THE PRL. DISTRICT AND SESSION JUDGE UTTARA KANNADA, KARWAR, IN CRIMINAL APPEAL NO. 265/2019 CONFIRMING THE ORDER PASSED IN C.C.NO. 261/2018 (OLD C.C.NO. 78/2018) DATED 13.11.2019 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC ANKOLA, CONVICTING THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT 1881 AND SENTENCING FINE OF RS 48,000/- AND IN DEFAULT OF PAYMENT OF FINE AMOUNT SHALL UNDERGO SIMPLE IMPRISONMENT FOR SIX MONTH AND ACCUSED SHALL PAY 46,000/- TO THE COMPLAINANT AS COMPENSATION AND 2,000/- TO STATE. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.02.21 14:53:03 +0530 - 2 - NC: 2025:KHC-D:3504 CRL.RP No. 100299 of 2023 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) Challenging judgment dated 29.11.2022 passed by Principal District and Sessions Judge, Uttara Kannada, Karwar, (‘Appellate Court’, for short) in Crl.A.no.266/2019 and judgment of conviction and order of sentence dated 13.11.2019 passed by Senior Civil Judge and JMFC, Ankola (‘Trial Court’, for short) in C.C.no.261/2018 (Old C.C.no.78/2018), this revision petition is filed. 2. Counsel on both side jointly submit that during pendency of revision petition, parties entered into settlement, in pursuance of which, a joint memo is filed which reads as follows: “The parties have agreed to compromise the case for a total sum of Rs.12,000/- (Rupees Twelve Thousand Only), towards full and final settlement, which shall be paid through Google Pay UPI transaction ID No.505176745131 to the account of the Respondent/ Complainant’s Mother Smt.Anita Narayan Nayak today dated 20.02.2025 before Pre- conciliation hence reporting settlement before this Hon’ble Court”. 3. It is also submitted that in pursuance of settlement, an amount of Rs.12,000/- is transferred through GooglePay to - 3 - NC: 2025:KHC-D:3504 CRL.RP No. 100299 of 2023 respondent complainant and acknowledgment of same accompanies memo. 4. In view of above, revision petition would require to be allowed. Hence following: ORDER i. Criminal Revision petition is allowed. ii. Impugned judgment dated 29.11.2022 passed by Principal District and Sessions Judge, Uttara Kannada, Karwar, in Crl.A.no.266/2019 confirming judgment of conviction and order of sentence dated 13.11.2019 passed by Senior Civil Judge and JMFC, Ankola in C.C.no.261/2018 (Old C.C.no.78/2018), are set aside. iii. Consequently, petitioner - accused is acquitted of offence punishable under Section 138 of Negotiable Instrument Act. iv. Bail bond of accused and Sureties bond if executed shall stand cancelled. v. Trial Court is directed to release entire amount in deposit with accrued interest, if any, to respondent – complainant forthwith. SD/- (RAVI V.HOSMANI) JUDGE GRD CT:PA LIST NO.: 2 SL NO.: 11