- 1 - HC-KAR NC: 2025:KHC-D:10653 CRL.RP No. 100393 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100393 OF 2024 (397(CR.PC)/438(BNSS)) BETWEEN: SHRI SANDEEP R. REVANKAR S/O RAGHUNATH REVANKAR, AGED 42 YEARS, OCC. GOLDSMITH, R/O. MAJALI, KARWAR-581 301, UTTARA KANNADA DISTRICT. … PETITIONER (BY SRI. D.M. MALLI, ADVOCATE) AND: SHRI BHUSHAN S. KADAM S/O LATE SHIVANAND KADAM, AGE ABOUT 51 YEARS, OCC. BUSINESS, R/O. SANNAMUDGERI, KARWAR, REPRESENTED BY HIS G.P.A. HOLDER, ANIL DATTA DESAI, AGED 45 YEARS, OCC. BUSINESS, R/O. SANNAMUDGERI, KARWAR-581 360, DIST. UTTARA KANNADA. … RESPONDENT (BY SRI. PRAVEEN P. TARIKAR, 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, 2023), PRAYING TO CALL FOR RECORDS IN ORDER DATED 24.07.2024 IN CRIMINAL APPEAL NO.18/2019 ON THE FILE THE II ADDL. DISTRICT AND SESSION JUDGE UTTARA KANNADA, KARWAR AND IN. C.C. NO.509/2012 DATED 24.12.2018 ON THE FILE OF JMFC 2ND COURT KARWAR AT KARWAR AND SET ASIDE THE IMPUGNED JUDGMENT ORDER DATED 24.07.2024 IN CRIMINAL APPEAL NO.18/2019 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSION JUDGE UTTARA KANNADA, KARWAR AND IN C.C. NO.509/2012 DATED 24.12.2018 ON THE FILE JMFC, 2ND COURT, KARWAR, AT KARWAR, FOR THE OFFENCESUNDER SECTION 138 OF N.I. ACT SENTENCING TO PAY RS.30,00,000/- IN DEFAULT, PETITIONER SHALL UNDER-GO SIMPLE IMPRISONMENT FOR A PERIOD OF 6 MONTHS. OUT OF 30,00,000/- COMPLAINANT IS RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10653 CRL.RP No. 100393 of 2024 ENTITLED FOR RS.29,90,000/- TOWARDS COMPENSATION AMOUNT AND REMAINING FINE AMOUNT OF RS.10,000/- TO THE STATE, 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) This Criminal Revision Petition under Section 397 read with Section 401 of Cr.P.C. is filed by the accused assailing the judgment and order of conviction and sentence passed by the Court of JMFC 2nd Court, Karwar, in C.C. No.509 of 2012 dated 24.12.2018, which is confirmed in Criminal Appeal No.18 of 2019 by the Court of II Additional District and Sessions Judge, Uttara Kannada, Karwar, by judgment and order dated 24.07.2024. 2. Heard the learned counsel for the parties. 3. Learned counsel for the parties jointly submit that the dispute between the parties has been amicably settled before the Mediation Centre at Dharwad and joint memo which is prepared before the Mediation Centre and signed by the parties and their respective advocates is filed - 3 - HC-KAR NC: 2025:KHC-D:10653 CRL.RP No. 100393 of 2024 reporting settlement. They submit that in view of the aforesaid, the judgment and order of conviction and sentence passed by the Courts below may be set aside and the petitioner may be acquitted of the offence punishable under Section 138 of the National Instruments Act. 4. Submissions made by the learned counsels and the joint memo dated 21.08.2025 is taken on record. In paragraph Nos.1 to 3 of the joint memo it is stated as follows:- “1. The Petitioner is before this Hon'ble Court challenging the order dated 24-07-2024 passed by the II Addl. District and Session Judge Uttara Kannada, Karwar, in Criminal Appeal No.18/2019 confirming the order dated 24-12-2018 in C.C. No.509/2012 passed by the Hon'ble JMFC, 2ND Court, Karwar convicting the Petitioner for the offence punishable under section 138 of Negotiable Instrument Act 1881 sentencing to pay Rs.30,00,000/-. In default, he shall under-go Simple Imprisonment for a period of 6 months. The complainant is entitled for Rs.29,90,000/-towards compensation amount and remaining fine amount of Rs.5,000/- to the State. 2. The Petitioner submits that the Petitioner at time of preferring the Criminal Appeal No.18/2019 before the II - 4 - HC-KAR NC: 2025:KHC-D:10653 CRL.RP No. 100393 of 2024 Addl. District and Session Judge Uttara Kannada, Karwar has deposited a sum of Rs 6,25,000/- as the cheque amount is Rs.25,00,000/-. 3. The Petitioner has now before this Hon'ble Court in the present Criminal Revision Petition. The Petitioner today (i.e. 21-08-2025) is paying Rs.3,00,000/- through cash to the Complainant/ Respondent and the complainant is ready to accept the same. The Remaining balance amount of Rs. 15,75,000/-(Fifteen Lakhs Seventy Five Thousand only) shall be paid within two month (i.e. on or before 04-11- 2025). The complainant may be permitted to withdraw the deposited amount (Rs.6,25,000/- Rupees Six Lakhs Twenty Five Thousand) before the Court below on due identification. The matter has been settled for cheque amount (i.e., 25,00,000/-) full and finally. Wherefore it is prayed to this Hon'ble Court may be please to accept the joint memo and set aside the conviction order dated 24-12-2018 in C.C. No.509/2012 passed by the Hon'ble JMFC, 2ND Court, Karwar against the Petitioner/ accused for the offence punishable under section 138 of Negotiable Instrument Act 1881 in ends of justice and equity.” 5. In view of the settlement arrived between the parties, this Criminal Revision Petition deserves to be allowed. Consequently, the following order: - 5 - HC-KAR NC: 2025:KHC-D:10653 CRL.RP No. 100393 of 2024 ORDER (i) The criminal revision petition is allowed. (ii) The judgment and order of conviction and sentence passed by the Court of JMFC 2nd Court, Karwar, in C.C. No.509 of 2012 dated 24.12.2018, which is confirmed in Criminal Appeal No.18 of 2019 by the Court of II Additional District and Sessions Judge, Uttara Kannada, Karwar, by judgment and order dated 24.07.2024 are set aside, and the petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instrument Act. (iii) The complainant-respondent is permitted to withdraw the amount of Rs.6,25,000/- deposited by the petitioner before the trial Court after due identification. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 4 SL NO.: 2