- 1 - HC-KAR NC: 2025:KHC-D:13011 CRL.RP No. 100080 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100080 OF 2021 (397(CR.PC)/438(BNSS)) BETWEEN: SRI. PRAKASH S/O MALLIKARJUNAPPA GUDDADKERI, AGED ABOUT 49 YEARS, OCC. BUSINESS, R/O. F 6, RENUKA COMFORTS, NEAR TATWADARSHA HOSPITAL, VIDYANAGAR, HUBBALLI-580 029, TQ. HUBBALLI, DIST. DHARWAD. … PETITIONER (BY SRI. PRASHANT U. MOGALI, ADVOCATE) AND: SRI. FAKKIRAPPA S/O CHANDRASHEKAR BHUSAD, AGED ABOUT 56 YEARS, OCC. BUSINESS, R/O. GOKUL ROAD, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580 030. … RESPONDENT (BY SRI. S.S. NIRANJAN, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTIONS 397 AND 401 OF CR.P.C., PRAYING TO CALL FOR RECORDS IN RESPECT OF THE IMPUGNED JUDGMENT AND ORDER OF SENTENCE DATED 29.12.2020 MADE IN CRIMINAL APPEAL NO.8/2020 ON THE FILE OF V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI AND THE IMPUGNED JUDGMENT AND ORDER OF SENTENCE DATED 12.12.2018 MADE IN C.C. NO.1208/2017 PASSED BY THE IV ADDITIONAL CIVIL JUDGE AND JMFC, HUBBALLI AND SET ASIDE THE IMPUGNED JUDGMENT AND ORDER OF SENTENCE DATED 29.12.2020 MADE IN CRIMINAL APPEAL NO.8/2020 PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI AND THE IMPUGNED JUDGMENT AND ORDER OF SENTENCE DATED 12.12.2018 MADE IN C.C. NO.1208/2017 PASSED BY THE IV ADDITIONAL CIVIL JUDGE AND JMFC HUBBALLI FOR PUNISHABLE OFFENCES UNDER SECTION 138 OF N.I. ACT AND FURTHER DISMISS THE COMPLAINT FILED BY THE COMPLAINANT. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13011 CRL.RP No. 100080 of 2021 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. This Criminal Revision Petition under Section 397 read with Section 401 of Cr.P.C. is filed by the accused with a prayer to set aside the judgment and order of conviction and sentence passed by the Court IV Additional Civil Judge and JMFC, Hubbali in C.C. Nos.1208 of 2017 dated 12.12.2018 and the judgment and order dated 29.12.2020 passed in Criminal Appeal No.8 of 2020 by the Court of V Additional District and Sessions Judge, Dharwad, sitting at Hubballi. 2. Heard learned counsel for the parties. 3. Petitioner was convicted for offence punishable under Section 138 of the Negotiable Instruments Act in C.C.No.1208 of 2017 by the Jurisdictional Court of Magistrate by judgment and order dated 12.12.2018 and the said judgment and order of conviction and sentence was - 3 - HC-KAR NC: 2025:KHC-D:13011 CRL.RP No. 100080 of 2021 confirmed in Criminal Appeal No.8 of 2020, by the Court of V Additional District and Sessions Judge, Dharwad sitting at Hubballi by judgment and order dated 29.12.2020. 4. During the pendency of this revision petition, the dispute between the parties has been amicably settled before the Mediation Centre, High Court of Karnataka, Dharwad Bench, Dharwad and a memorandum of agreement has been executed by them on 19.09.2025. The said memorandum of agreement is signed by the parties and also by their respective advocates. The memorandum of agreement dated 19.09.2025 is taken on record. In paragraph Nos.1 and 2 of the memorandum of agreement, it is stated as follows: “1. The Parties have agreed to compromise the case for a total sum of Rs.10,30,000/- (Rupees Ten Lakh Thirty Thousand Only), towards full and final settlement, in which the Petitioner already deposited on 29.11.2018 the Rs.50,000/- deposited in the account of Respondent/Complainant namely Fakkirappa C. - 4 - HC-KAR NC: 2025:KHC-D:13011 CRL.RP No. 100080 of 2021 Busad through NEFT and Rs.2,57,000/- before the Trial Court which is already been withdrawn by the respondents herein. And on 19.07.2021 Rs.2,53,000/- is deposited in the account of Respondent/Complainant in Laxmi Vilas Bank, Koppikar road through RTGS bearing UTR No.52021071952262439 subsequently on 28.06.2022 Rs.5,00,000/- is deposited in the account of Respondent/Complainant bearing UTR No.CNRBR52022062885146030 and further Respondent agreed to give back the blank cheques bearing No.274147 drawn on Syndicate Bank which is no more in force. The respondent namely Sri. Fakkirappa S/o Chandrashekar Bhusad has acknowledge the same. 2. That the Accused/Petitioner has paid the entire amount as agreed by him as mentioned above, the Revision Petition stands allowed and Acquitted the Accused/Petitioner for the offence punishable U/s. 138 of the NI ACT.” 5. The offence for which the petitioner has been convicted and sentenced by the Courts below is compoundable in nature. In view of the settlement arrived - 5 - HC-KAR NC: 2025:KHC-D:13011 CRL.RP No. 100080 of 2021 between the parties, I am of the opinion that this revision petition is required to be disposed of in terms of memorandum of agreement executed between the parties. Accordingly, the following: ORDER This Criminal Revision Petition is allowed. The judgment and order of conviction and sentence passed by the Court of IV Additional Civil Judge and JMFC, Hubballi in C.C. No.1208 of 2017 dated 12.12.2018 and the judgment and order dated 29.12.2020 passed by the Court of V Additional District and Sessions Judge, Dharwad, sitting at Hubballi in Criminal Appeal No.8 of 2020 are set aside and the petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act. His bail bonds, if any, stands cancelled. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK & RSH / CT:BCK LIST NO.: 1 SL NO.: 8