- 1 - HC-KAR NC: 2025:KHC-D:10301 CRL.RP No. 100072 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL CRIMINAL REVISION PETITION NO. 100072 OF 2020 (397 OF Cr.PC/438 OF BNSS) BETWEEN: SHRI. VINAYAK NEELKANTH PUJARI, AGE: 43 YEARS, OCC: BUSINESS, R/O. H.NO.1584, MARUTI GALLI, BELAGAVI-590001. …PETITIONER (BY SRI. S. B. SHAIK, ADVOCATE) AND: SHRI. GURU VIVEKANAND MULTIPURPOSE, CO-OP. SOCIETY LTD., KACHERI ROAD, BELAGAVI, REPRESENTED BY ITS SECRETARY/RECOVERY OFFICER, SHRI. VISHAL Y. PATIL, AGE: 42 YEARS, OCC: SERVICE, R/O. KACHERI ROAD, BELAGAVI-590001. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C., SEEKING TO SET ASIDE THE ORDER OF CONVICTION DATED 06/08/2019 PASSED IN CR.APPEAL NO.59/2019 ON THE FILE OF THE X ADDL. SESSIONS JUDGE, BELAGAVI, WHICH HAS CONFIRMED THE ORDER OF CONVICTION DATED 01/02/2019 PASSED IN C.C.NO.475/2017 ON THE FILE OF VIII JMFC, BELAGAVI, FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I. ACT HAS FILED THE TOP NOTED PETITION, TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10301 CRL.RP No. 100072 of 2020 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This revision petition is filed challenging the judgment and order dated 01.02.2019 passed in C.C.No.475/2017 by the VIII J.M.F.C, Belagavi and the judgment and order dated 06.08.2019 passed in Criminal Appeal No.59/2019 by the X Additional Sessions Judge, Belagavi. 2. Sri. S.B. Shaik, learned counsel appearing for the petitioner submits that the trial Court convicted the accused/petitioner for the offence punishable under Section 138 of Negotiable Instruments Act, 1881. It is submitted that the appeal filed by the petitioner/accused was rejected and thereafter, the accused settled the disputed by paying Rs.9,00,000/- to the respondent/Society. Learned counsel for the petitioner filed a memo to that effect. The said memo is placed on record. The memo is also accompanied with the letter of the respondent/Society which indicates that the petitioner has cleared all the outstanding balance and the mortgage is cancelled. In view of the submission of the - 3 - HC-KAR NC: 2025:KHC-D:10301 CRL.RP No. 100072 of 2020 counsel for the petitioner and the memo, I am of the considered view, that interest of the justice would be met if the revision petition is allowed. 3. For the aforementioned reasons, I proceed to pass the following: ORDER i. The criminal revision petition is allowed. ii. The impugned order dated 01.02.2019 passed in C.C.No.475/2017 by the VIII JMFC, Belagavi and the judgment and order dated 06.08.2019 passed in Criminal Appeal No.59/2019 by the X Additional Sessions Judge, Belagavi are set aside. iii. The petitioner is acquitted from the offences. iv. The Bail bonds of the accused stand cancelled. Sd/- (VIJAYKUMAR A.PATIL) JUDGE RKM /CT-AN List No.: 1 Sl No.: 2