- 1 - HC-KAR NC: 2025:KHC-D:9991 CRL.RP No. 100135 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100135 OF 2025 (397(Cr.PC)/438(BNSS)-) BETWEEN: SRI. SUNIL TAMMANNA GURAPPAGOL @ HOLER, AGE: 35 YEARS, OCC: AGRI., R/O: KOHALLI, TQ: ATHANI, DIST: BELAGAVI-591304. …PETITIONER (BY SRI. VITTHAL S TELI, ADVOCATE) AND: SRI. BEERESHWAR CO-OPERATIVE CREDIT SOCIETY LTD., EXAMBA, (MULTI STATE) BR.TELSANG NOW REPRESENTED BY ITS BR.MANAGER SRI. MAHANTESH BALAPPA SHIROL AGE: 42 YEARS, OCC: SERVICE (MANAGER), R/O: TELSANG, TQ: ATHANI, DIST: BELAGAVI 591304. …RESPONDENT (BY SRI. SHARAD V. MAGADUM, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC.438 R/W 442 OF BNSS, PRAYING TO SET ASIDE THE JUDGMENT AND SENTENCE IN CRIMINAL APPEAL NO.10045/2024 DATED 25.01.2025 BY THE XI ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI SITTING AT ATHANI AND JUDGMENT AND SENTENCE IN CC NO.2781/2018 DATED 09.10.2024 PASSED BY THE I ADDL. CIVIL JUDGE AND JMFC ATHANI FOR OFFENCE U/SEC. 138 OF NI ACT AND ACQUIT THE REVISION PETITIONER HEREIN. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9991 CRL.RP No. 100135 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The petitioner is before this Court in this revision petition filed under Section 438 of BNSS 2023, with a prayer to set aside the judgment and order of conviction and sentence passed in C.C.No.2781/2018 dated 09.10.2024 by the Court of I Addl. Civil Judge & JMFC, Athani and the judgment and order dated 25.01.2025 passed by the Court of IX Addl. District and Sessions Judge, Belagavi sitting at Athani in Crl.A.No.10045/2024 confirming the judgment and order passed by the trial Court. 2. Heard the learned counsel for the parties. 3. Learned counsel for the parties submit that the dispute between the parties has been amicably settled and the parties have filed an application under Section 147 of the Negotiable Instruments Act, 1881 read with Section 359 & 528 of the BNSS 2023 seeking permission of this Court to compound the offence for which the petitioner has been convicted. - 3 - HC-KAR NC: 2025:KHC-D:9991 CRL.RP No. 100135 of 2025 4. The application filed by the parties is taken on record. 5. The application filed by the parties is signed by them and by their respective advocates. The parties who are present before the Court in person have been identified by their respective advocates. 6. In paragraph Nos.2 and 3 of the application, it is stated as follows: “2. The petitioner/accused and respondent/complainant have settled the dispute/lis as per advice of elder of community and village on the following terms and conditions only in respect of present case and the respondent society is reserves right to recover the outstanding due after adjusting the amount received in the present case. a. That the petitioner/accused has agreed to pay fine amount of Rs. 98,828/- as per judgment and order of sentence passed by the Trial Court and Appellate Court. b. That the petitioner/accused as per the interim passed by this Hon'ble Court and Sessions Court has already deposited 70% of fine amount Rs 69,180/-. c. That the petitioner/accused today by D D bearing 696365 dated 05/08/2025 in favour of the respondent/complainant for sum of Rs 29,650/- is handed over to the respondent/complainant. - 4 - HC-KAR NC: 2025:KHC-D:9991 CRL.RP No. 100135 of 2025 d. That the petitioner/accused submits/states that the amount deposited before I Addl. Civil judge and JMFC Athani may be released in favour of respondent/complainant inclusive of interest accrued if any. e. That the petitioner/accused and respondent/complaint submits that sentence of simple imprisonment for a period of one year may kindly be set-aside”. 3. The petitioner/accused and respondent/complainant submits that the above compromise/settlement is out of free will and amicable and without any bodies force and coercion or inducement etc. 7. Since the entire amount covered under the cheque has been paid / deposited by the petitioner, I am of the opinion that the prayer made in the application is to be granted. 8. Accordingly, the following ORDER a) IA.No.2/2025 filed by the parties seeking permission of this Court to compound the alleged offence for which the petitioner has been convicted is allowed. Consequently, the petition is also allowed. - 5 - HC-KAR NC: 2025:KHC-D:9991 CRL.RP No. 100135 of 2025 b) The judgment and order of conviction and sentence passed in C.C.No.2781/2018 dated 09.10.2024 by the Court of I Addl. Civil Judge & JMFC, Athani and the judgment and order dated 25.01.2025 passed by the Court of IX Addl. District and Sessions Judge, Belagavi sitting at Athani in Crl.A.No.10045/2024 are set aside and the petitioner is acquitted of the offence for which he has been convicted by the Courts below. c) The respondent/complainant is permitted to withdraw the amount of ₹.69,180/- deposited by the petitioner before the trial Court, along with interest, if any. SD/- (S.VISHWAJITH SHETTY) JUDGE NMS CT:ANB