- 1 - HC-KAR NC: 2025:KHC-D:10887 CRL.RP No. 100321 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100321 OF 2025 (397(CR.PC)/438(BNSS)) BETWEEN: SRI. PRASADKUMAR SHETTY S/O BHUJANG SHETTY, AGE. 35 YEARS, OCC. BUSINESS, R/O. BANALI HOSIMANE, POST: KODLADI, KUNDAPUR TALUKA, UDUPI DISTRICT-576 283. … PETITIONER (BY SRI HIRANKUMAR J. PATEL, ADVOCATE) AND: SRI. PRABHAKAR N. HEGDE S/O NARAYAN HEGDE, AGE ABOUT 48 YEARS, OCC. BUSINESS, R/O. SHIVA NILAYA DODDA ONI, NAGASHETTI KOPPA, HUBBALLI, REP. BY HIS GPA HOLDER, SRI. PRASAD N. HEGDE S/O NARAYAN HEGDE, AGE ABOUT 55 YEARS, OCC. BUSINESS, R/O. SHIVA NILAYA DODDA ONI, NAGASHETTI KOPPA, HUBBALLI, DIST. DHARWAD-580 029. … RESPONDENT (BY SRI GOURISHANKAR MOT, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 438 R/W 442 OF BNSS, PRAYING TO CALL FOR THE RECORDS OF TRIAL COURT AND 1ST APPELLATE COURT AND SET ASIDE THE ORDER DATED 26/06/2024 PASSED BY THE 5TH ADDITIONAL DISTRICT AND SESSIONS COURT, DHARWAD, SITTING AT: HUBBALLI IN CRL. A. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10887 CRL.RP No. 100321 of 2025 NO.5081/2023 AND ALSO SET ASIDE THE ORDER DATED 04/08/2023 PASSED BY THE J.M.F.C. I COURT, AT: HUBBALLI IN C.C. NO.2160/2019 FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NI ACT AND ACQUIT THE PETITIONER, IN THE INTEREST OF JUSTICE. 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 revision petition is filed under Section 397 of Cr.PC is filed with a prayer to set aside the order of conviction and sentence dated 04.08.2023 passed by the Court of JMFC-1, Hubballi, in C.C.No.2160/2019 which has been confirmed in Crl.A.No.5081/2023 by the Court of V Addl. District & Sessions Judge, Dharwad, sitting at Hubballi, by order dated 26.06.2024. 2. Learned Counsel for the parties jointly submit that the parties have amicably settled the matter and the parties who are before this Court have today filed a joint memo reporting settlement. 3. The aforesaid submission is placed on record. - 3 - HC-KAR NC: 2025:KHC-D:10887 CRL.RP No. 100321 of 2025 4. The parties who are present before the court are identified by their respective advocates. The respondent who is present in person before the Court has admitted of receiving the amount from the petitioner as stated in the joint memo. The joint memo filed is signed by the parties and their respective advocates. In paragraphs 2 to 6 of the joint memo, it is stated as under: “2) That at the intervention of elders and well- wishers of the petitioner as well as the respondent, the petitioner and respondent have agreed to amicably settle the dispute between them by compounding the present proceedings. In view of the said fact, the present compromise is being entered. 3) The respondent/complainant has agreed to take total amount of Rs.10,90,000/- as full and final settlement. 4) The petitioner/accused has already deposited the amount of Rs.2,00,000/- in C.C.No.2160/2019 before the Hon’ble JMFC-I Court at Hubballi, towards deposit of 20% of the fine amount as per the orders in Crl.A.No.5081/2023 passed by the Hon’ble 5th Additional District Sessions Judge, Dharwad sitting at Hubballi, dated 28.11.2023 and same has been withdrawn by the respondent on dated 26.12.2024. - 4 - HC-KAR NC: 2025:KHC-D:10887 CRL.RP No. 100321 of 2025 5) That the petitioner/accused has paid amount to the respondent which are shown below: Sl. No. Description Amount 1 That petitioner has already deposited the amount and same has been withdrawn by the respondent. Rs.2,00,000/- 2 That the petitioner has transferred online to respondent account on various dates in the month of Sep- 2024, January-2025 & February 2025. Rs.5,50,000/- 3 That the petitioner today had issued DD bearing No.806246 drawn on State Bank of India, in favour of Respondent. Rs.3,25,000/- 4 That the petitioner has paid cash today to the respondent. Rs.15,000/- Total Rs.10,90,000/- 6) That the above amount respondent/complainant has acknowledged receipt of the said amount from the petitioner/accused and respondent & there will be no further claims against the petitioner/accused in future.” 5. Considering the terms of the joint memo which is filed by the parties after having settled the dispute amicably, this revision petition is required to be disposed of in terms of the joint memo filed. Accordingly, the following order: - 5 - HC-KAR NC: 2025:KHC-D:10887 CRL.RP No. 100321 of 2025 6. This revision petition is allowed. The judgment and order of conviction and sentence dated 04.08.2023 passed by the Court of JMFC-1, Hubballi, in C.C.No.2160/2019 which has been confirmed in Crl.A.No.5081/2023 by the Court of V Addl. District & Sessions Judge, Dharwad, sitting at Hubballi, by order dated 26.06.2024, are set aside, and consequently, the petitioner is acquitted of the offence punishable under Section 138 of the N.I.Act. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 50