- 1 - HC-KAR NC: 2025:KHC-D:11578 CRL.RP No. 100291 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100291 OF 2024 (397(CR.PC)/438(BNSS)) BETWEEN: SMT. JYOTI W/O SWARAJ PATIL, AGE. 36 YEARS, OCC. HOMEMAKER, R/O. ANAND NAGAR, VADAGAON, BELAGAVI, TQ. AND DIST. BELAGAVI, PIN CODE-590 005. … PETITIONER (BY SRI. M.J. PEERJADE, ADVOCATE) AND: JAYASHANAKAR KALKUNDRIKAR MULTI-PURPOSE SOUHARD SOCIETY LTD, SHAHAPUR, BELAGAVI, REPRESENTED BY ITS CLERK-VINAYAK G. PATIL, AGE. 35 YEARS, OCC. SERVICE IN SOCIETY, R/O. YELLUR VILLAGE, TQ. AND DIST. BELAGAVI, PIN CODE-590 005. … RESPONDENT (BY SRI. KIRSHNA KUMAR JOSHI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C., PRAYING TO CALL FOR TCR AND SET ASIDE THE ORDER DATED 06.04.2024 PASSED BY THE XI ADDL. DISTRICT AND SESSIONS JUDGE, AT BELAGAVI IN CRL. A. NO.49/2024 BY CONFIRMING THE CONVICTION ORDER DATED 01.02.2024 PASSED BY THE V J.M.F.C. COURT, AT: BELAGAVI IN C.C. NO.741/2020 FOR THE OFFENCE UNDER SECTION 138 OF N.I. ACT. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11578 CRL.RP No. 100291 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Petitioner is before this Court assailing the judgment and order of conviction and sentence dated 01.02.2024 passed by the Court of JMFC-V, Belagavi in C.C. No.741 of 2020 confirmed by judgment and order dated 06.04.2024 passed by the Court of XI Additional Sessions Judge, Belagavi in Criminal Appeal No.49 of 2024. 2. Perusal of the material on record would go to show that petitioner was convicted for offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to pay a fine of ₹2,48,000/- and in default to undergo simple imprisonment for a period of 4 months. Out of the aforesaid fine amount, a sum of ₹2,46,000/- was directed to be paid to the respondent as compensation and balance sum of ₹2,000/- was directed to be adjusted towards expenses incurred by the State. 3. Learned counsel for the petitioner and learned counsel for respondent jointly submit that during the - 3 - HC-KAR NC: 2025:KHC-D:11578 CRL.RP No. 100291 of 2024 pendency of this petition, the dispute between the parties has been amicably settled and in furtherance of the settlement between the parties, petitioner has paid a sum of ₹2,23,000/- to the respondent and amount of ₹23,000/- which is deposited by the petitioner before the Trial Court is required to be withdrawn by the respondent towards full and final settlement with regard to the amount covered under the cheque in question. They submit that a joint memo is filed reporting settlement and pray that parties may be permitted to compound the alleged offence for which the petitioner has been convicted. 4. Submission and joint memo filed on behalf of the parties is taken on record. 5. The joint memo is signed by the parties and by their respective advocates. The parties who are present before the Court are identified by their respective advocates. The joint memo which is filed today in open the Court reads as follows: - 4 - HC-KAR NC: 2025:KHC-D:11578 CRL.RP No. 100291 of 2024 That, the Respondent/complainant has filed the case as against the Rev. Petitioner/accused for the offence punishable U/Sec.138 of N.Ι. Act. After recording the evidence the Hon'ble Vth JMFC, Belagavi in C.C. No.741/2020 convicted the appellant for the offence punishable U/sec.138 of N.I.Act in C.C. No.741/2020. Thereafter, the Revision Petitioner/accused preferred this revision being aggrieved by the judgement of conviction of Hon'ble trial court and first appellate court before this Hon'ble Court. Now the matter is settled amicably between the parties. That, the Revision petitioner/accused has already paid an amount of Rs.2,25,000/- (Rupees Two Lakhs Twenty Thousand only) in cash to the complainant Society out of total compensation amount of Rs.2,46,000/- as awarded by trial Court and the Respondent/Complainant has acknowledged the payment and issued receipt in this regard. The remaining balance amount of Rs.23,000/- (Rupees Twenty Three Thousand only) already - 5 - HC-KAR NC: 2025:KHC-D:11578 CRL.RP No. 100291 of 2024 deposited by the Revision Petitioner before Hon'ble Trial Court. The Revision Petitioner hereby given consent to the Respondent/Complainant to withdraw an amount of Rs.23,000/- deposited before Hon'ble Vth JMFC, Belagavi in C.C.No.741/2020. Hence, it is most humbly prayed that, the top noted case may kindly be compounded on the above mentioned terms and conditions.” 6. Considering the averments found in the first information and also the submission made by the parties, I am of the opinion that the in view of the settlement between the parties pursuant to which an amount of ₹2,23,000/- has been admittedly paid to the respondent by the petitioner, I am of the opinion that this revision petition is required to be disposed of permitting the parties to compound the alleged offence for which the petitioner has been convicted. Accordingly the following: - 6 - HC-KAR NC: 2025:KHC-D:11578 CRL.RP No. 100291 of 2024 ORDER i. Criminal Revision Petition is allowed. ii. The judgment and order of conviction and sentence dated 01.02.2024 passed by the Court of JMFC-V, Belagavi in C.C. No.741 of 2020 confirmed by judgment and order dated 06.04.2024 passed by the Court of XI Additional Sessions Judge, Belagavi in Criminal Appeal No.49 of 2024 are set aside. iii. Petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act. iv. The respondent is permitted to withdraw the amount of ₹23,000/- deposited by the petitioner before the Trial Court subject to he producing necessary documents in support of his identity. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT:BCK LIST NO.: 1 SL NO.: 67