- 1 - HC-KAR NC: 2025:KHC-D:17226 CRL.RP No. 100356 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL REVISION PETITION NO.100356 OF 2024 (397(Cr.PC)/438(BNSS)) BETWEEN: SHRI. SANTOSH S/O. MARUTI HULAKUND, AGE. 50 YEARS, OCC. BUSINESS, R/O. LAXMINAGAR, KANCHANOOR VILLAGE, DIST. BAGALKOT-587101. …PETITIONER (BY SRI. MAHANTESH S.HIREMATH, ADVOCATE) AND: SHRI. APPASAB S/O. BHIMARAO MANAGULI, AGE. 60 YEARS, OCC. BUSINESS, R/O. LAXMINAGAR, TQ. JAMKHANDI, DIST. BAGALKOT-587102. …RESPONDENT (BY SRI. S.S. PATIL, ADVOCATE AND SRI. MAHANTESH S.PATIL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 438 R/W 442 OF BNSS, 2023, PRAYING TO, ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGMENT PASSED IN CRIMINAL APPEAL NO.5005/2024, DATED ON 29.08.2024, FOR THE OFFENCE UNDER SECTION 138 OF NI ACT, PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOT, AT JAMKHANDI, IN CONFIRMING THE JUDGMENT AND ORDER PASSED IN C.C.NO.514/2018, DATED 17.01.2024, PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, JAMKHANDI, AND ALLOW THE REVISION PETITION AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17226 CRL.RP No. 100356 of 2024 THIS CRIMINAL REVISION PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) Learned counsel for the petitioner has filed the compromise petition under Section 359(1) r/w. Section 528 of Bharatiya Nagarika Suraksha Sanhita, 20231. The averments of the affidavit of the respondent/complainant accompanying the compromise petition, are as under; 1. “It is submitted that, petitioner he has paid the Entire amount to the respondent and the said amount has been taken in the presence of elders. Further there are some Cheque of the petitioner are with the respondent those cheque has not to be misused by the respondent in further, those cheque No.433063, 433065, 433066, 433067, and 500513, 500578. 2. It is stated that there is no pressure or compulsion or coercion of any sort in coming to the above conclusion and setting the matter and getting it quashed as prayer for this petition. Hence this affidavit. What is stated hereinabove in true to the best of my knowledge, information and beliefs and contents of the above affidavit as well as Compromise Petition 1 For short ‘BNSS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:17226 CRL.RP No. 100356 of 2024 is read over to me in the language known to me and I understand it to be true and correct and signed.” Perused the averments of the compromise petition, it appears that, the matter is relating to Section 138 of Negotiable Instrument Act, 1881. The parties have entered into compromise and settled the matter amicably out of Court and filed the compromise petition to close the matter. Considering the above, there is no embargo on this Court to record the amicable settlement between the parties. Hence, I proceed to pass the following; ORDER (i) The Revision Petition is allowed. (ii) The judgment dated 29.08.2024 passed in Crl.A. No.5005/2024 by the I-Additional District and Sessions Judge, Bagalkote (Sitting at Jamakhandi), is hereby set aside. - 4 - HC-KAR NC: 2025:KHC-D:17226 CRL.RP No. 100356 of 2024 (iii) The Revision Petitioner is acquitted for the offence punishable under Section 138 of N.I.Act. (iv) The bail bond and surety bond of the Revision Petitioner shall stand cancelled. (v) In view of disposal of the main petition, pending I.As, if any, shall stands disposed of as they do not survive for consideration. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 3 Sl No.: 66