- 1 - HC-KAR NC: 2025:KHC-D:18429 CRL.RP No. 100463 of 2025 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.100463 OF 2025 (397(Cr.PC)/438(BNSS)) BETWEEN: GAJANAN S/O. DODTAMMA NAIK, AGED ABOUT 52 YEARS, OCC. BUSINESS, R/O. CHIKKANAKOD, TALUK. HONNAVAR, UTTARA KANNADA DIST.-581334. …PETITIONER (BY SRI. NAGANGOUDA M.PATIL, ADVOCATE) AND: SHRIDHAR S/O. SHIVAYYA AMBIG, AGED ABOUT 44 YEARS, R/O. KELAGIN IDAGUNJI, MALKOD, TQ. HONNAVAR, DIST. UTTARA KANNADA-581334. …RESPONDENT (BY SRI. JNANESHWAR M.PATIL, ADVOCATE ( VK FILED IN COURT) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 438 R/W 442 OF BNSS, PRAYING TO, SET ASIDE THE JUDGMENT DATED 28.03.2025 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR, IN CRIMINAL APPEAL NO.29/2024, WHICH CONFIRMED THE JUDGMENT OF CONVICTION AND SENTENCE DATED 05.02.2024 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, HONNAVAR, IN CRIMINAL CASE NO.1966/2022 AND CONSEQUENTLY, ACQUIT THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT BY ALLOWING THIS REVISION PETITION. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18429 CRL.RP No. 100463 of 2025 THIS CRIMINAL REVISION PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. Sri Jnaneshwar M. Patil, learned counsel, has filed vakalat for respondent. The same is taken on record. 2. Learned counsel for the respective parties have filed an application under Section 147 of Negotiable Instruments Act read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023. 3. The relevant averments are made at paragraph Nos.5 and 6 of the said application, are read as under: “5. That during the pendency of the above Criminal Revision Petition, with the intervention of elders and well-wishers, the parties have amicably settled the entire dispute for a total sum of Rs.95,000/- (Rupees Ninety-Five Thousand Only). 6. It is submitted that out of the said settlement amount: (a) a sum of Rs.19,000/- has already been deposited before the Trial Court by the petitioner, (b) a sum of Rs.10,000/- has - 3 - HC-KAR NC: 2025:KHC-D:18429 CRL.RP No. 100463 of 2025 already been paid by the Petitioner to the Respondent/Complainant as per the directions of the Trial Court and (c) the remaining sum of Rs.66,000/- is paid by the Petitioner to the Respondent/Complainant by way of cash on this day towards full and final settlement of the dispute.” 4. Having considered the same, there is no embargo on this Court to record the settlement. 5. 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 05.02.2024 passed in C.C. No.1966/2022 by the Additional Civil Judge and JMFC, Honnavar, and confirmed in the judgment dated 28.03.2025 passed in Criminal Appeal No.29/2024 by the II - 4 - HC-KAR NC: 2025:KHC-D:18429 CRL.RP No. 100463 of 2025 Additional District and Sessions Judge, Uttara Kannada, 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. 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.: 15