- 1 - HC-KAR NC: 2025:KHC-D:10262 CRL.RP No. 100299 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100299 OF 2025 (397(CR.PC)/438(BNSS)) BETWEEN: SRI. MADEV S/O JATTAYYA NAIK, AGED ABOUT 63 YEARS, OCC. AGRICULTURIST, R/AT. KARADIMANE, KOGTI, POST. MAVINAKATTE, BHATKAL TALUK, TQ. KARWAR, DIST. UTTARA KANNADA-581 420. … PETITIONER (BY SRI. SURESH S. BHAT, ADVOCATE) AND: LAXMAN JATTAYYA NAIK, AGE. 48 YEARS, OCC. COOLIE, R/AT. DASIMANE MUTTALLI VILLAGE, BHATKAL TALUK, DIST. UTTARA KANNADA-581 420. … RESPONDENT (BY SRI. GANAPATI M. BHAT, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. (UNDER SECTION 438 R/W 442 OF BNSS), PRAYING TO ACQUIT THE PETITIONER BY SETTING ASIDE THE JUDGMENT AND ORDER OF CONVICTION IN CRIMINAL APPEAL NO.46/2018 BY ITS ORDER DATED 12.08.2022 ON THE FILE OF IIND ADDL. DISTRICT AND SESSIONS JUDGE, KARWAR, UTTARA KANNADA WHICH HAS CONFIRMED AND MODIFIED THE JUDGMENT OF CONVICTION PASSED BY THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS, BHATKAL IN C.C. NO.1094/2015 DATED 16-04-2018 BY CONVICTING THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENT ACT BY ON 12/08/2022 THE COURT OF THE 2ND ADDL. DISTRICT AND SESSIONS RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10262 CRL.RP No. 100299 of 2025 JUDGE, UTTARA KANNADA, KARWAR, PARTLY ALLOWED THE APPEAL AND THE JUDGMENT OF CONVICTION PASSED BY THE LEARNED ADDL. CIVIL JUDGE AND JMFC, BHATKAL IN CC NO.1094/2015 DATED 16/04/2018 HEREBY CONFIRMED AND HOWEVER THE SENTENCE AWARDED IS MODIFIED AS THE ACCUSED/PETITIONER IS SENTENCED TO PAY A FINE OF RS.93,000/- AND OUT OF THE TOTAL FINE, 90,000/- HAS TO BE PAID TO THE RESPONDENT/COMPLAINANT HEREIN AS COMPENSATION UNDER SECTION 357(1) OF CR.P.C AND THE REMAINING AMOUNT OF RS.3000/- SHOULD BE CONFISCATED TO THE GOVERNMENT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The petitioner is before this Court assailing the judgment and order of conviction dated 16th April 2018 passed by the Court of Judicial Magistrate First Class, Bhatkal in C.C. No.1094 of 2015, which is confirmed in Criminal Appeal No.46/2018, by the Court of II-Addl. District and Sessions Judge, Uttara Kannada, Karwar by judgment and order dated 12th August 2022. 2. Heard the learned counsel appearing for the parties. - 3 - HC-KAR NC: 2025:KHC-D:10262 CRL.RP No. 100299 of 2025 3. The petitioner has been convicted and sentenced for the offence punishable under Section 138 of the Negotiable Instruments Act by the Court of Judicial Magistrate First Class, Bhatkal in C.C. No.1094 of 2015, dated 16th April 2018. The Appellate Court has confirmed the conviction and has modified the sentence in Criminal Appeal No.46 of 2018, disposed of on 12th August 2022. It is under these circumstances, the petitioner is before this Court. 4. Learned counsels for the parties jointly submit that the dispute between the parties has been amicably settled and they have filed a joint memo reporting settlement. 5. The said joint memo is taken on record. 6. The joint memo is signed by the respective parties and their advocates. The parties, who are present before the Court have been identified by their advocates. 7. In the joint memo, it is stated as follows. - 4 - HC-KAR NC: 2025:KHC-D:10262 CRL.RP No. 100299 of 2025 “JOINT MEMO FILED UNDER SECTION 147 OF NEGOTIABLE INSTRUMENT ACT, 1881, R/W. SECTION 320(8) OF CR.P.C & R/W. SECTION 329 OF B.N.S.S,2023. This Criminal Revision Petition is filed against the judgement and order passed in criminal appeal No.46/2018, dated 12-08-2022, on the file of the 2nd Addl, Dist and sessions judge, Uttara Kannada, Karwar, modifying the judgement and order passed by the Court of Judicial Magistrate First Class, Bhakal, in C.C. No.1094/2015, dated 16-04-2018. The parties to this Criminal Revision Petition have settled their claim on following terms:- 1. The petitioner (accused) has already paid and the respondent (complainant) has already to received a sum of Rs.90,000/-(Rs. Ninty thousand) by cash in full and final settlement of the claim. Already the petitioner deposited amount of Rs.22,500/- before trial Court, kindly refund this amount to the petitioner. 2. In the terms of section 147 of the N.I. Act, offence can be compounded if the dispute has been amicably settled. Hence it is prayed that the judgement of conviction/sentence passed by the in the court of Judicial Magistrate First Class, Bhakal, in C.C. No.1094/2015, dated 16-04-2018 and which is modifyed by the 2nd Addl Dist Judge, Uttara Kannada, Karwar in criminal appeal No.46/2018 dt 12-08-2022, further may please be set aside and acquitted the petitioner u/s 320(8) of Cr.P.C & u/sec.329 of BNSS,2023, in the interest of justice.” - 5 - HC-KAR NC: 2025:KHC-D:10262 CRL.RP No. 100299 of 2025 8. The parties have settled the dispute amicably and the respondent-complainant has received a sum of ₹.90,000/- towards full and final settlement of his claim. 9. In view of the settlements arrived at between the parties and also the joint memo filed by them, I am of the opinion that this Criminal Revision Petition is required to be disposed of permitting the parties to compound the alleged offences. Accordingly, the following: ORDER (i) The Criminal Revision Petition is allowed. (ii) The parties are permitted to compound the offence punishable under the 138 of the N.I. Act, for which the petitioner has been convicted by the Courts below and consequently, the judgment and order of conviction and sentence passed by the Courts below are set aside and the petitioner is acquitted of alleged offence. (iii) The amount of ₹.22,500/- said to have been deposited by the petitioner before the - 6 - HC-KAR NC: 2025:KHC-D:10262 CRL.RP No. 100299 of 2025 trial Court is permitted to be withdrawn by the respondent. (iv) In view of the disposal of the Criminal Revision Petition, pending applications, if any, do not survive for consideration and are accordingly disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB & VNP / CT:BCK LIST NO.: 1 SL NO.: 35 *Petitioner. *Corrected vie court order dated 23.08.2025. Sd/- (SVSJ) - 7 - HC-KAR NC: 2025:KHC-D:10262 CRL.RP No. 100299 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [SRI. MADEV S/O JATTAYYA NAIK VS. LAXMAN JATTAYYA NAIK] 23.08.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE S.VISHWAJITH SHETTY ORAL ORDER ON ‘FOR BEING SPOKEN TO’ Learned counsel for the petitioner submits that as per the terms of joint memo, the amount in deposit is required to be refunded to the petitioner. However, by mistake in clause(3) of the order, this Court has permitted the respondent to withdraw the amount. The said submission is not opposed by the learned counsel for the respondent. Registry is directed to carryout necessary correction in clause (3) of the operative portion of the order and instead of word ‘respondent’ in the said clause the word ‘petitioner’ may be incorporated and fresh certified copy of the order be issued to the parties. Sd/- ( S.VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 1