- 1 - HC-KAR NC: 2025:KHC-D:16689 CRL.RP No. 100114 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL REVISION PETITION NO.100114 OF 2021 (397(Cr.PC)/438(BNSS)) BETWEEN: SRI. JAGANNATH K. S/O. K.V. VENKATACHAR, AGE. 50 YEARS, OCC. PWD CONTRACTOR, R/O. OPP. OLD CTO OFFICE, HOSALLI ROAD, GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL-583227. …PETITIONER (BY SRI. GANAPATI M.BHAT, ADVOCATE) AND: SUCO SOUHARDA SAHAKARI BANK LTD., BRANCH GANGAVATHI, THROUGH ITS BRANCH MANAGER SRI. NAVEENRAJ S/O. PRABHU KATTIMANI, AGE. 36 YEARS, R/O. GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL-583227. …RESPONDENT (BY SMT. VIDYAVATI M.KOTTURSHETTAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C., PRAYING TO, SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 18/03/2015 PASSED BY THE COURT OF PRL. CIVIL JUDGE AND J.M.F.C., AT GANGAVATHI IN C.C.NO.318/2010 AND JUDGMENT AND ORDER DATED 03/02/2021 PASSED BY THE COURT OF THE 1ST ADDL. DISTRICT AND SESSIONS JUDGE, KOPPAL (SITTING AT GANGAVATHI) IN CR.A.NO.14/2015 AND ACQUIT THE PETITIONER FOR THE CHARGE UNDER SECTION 138 OF N.I. ACT, IN THE INTEREST OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16689 CRL.RP No. 100114 of 2021 THIS CRIMINAL REVISION PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The learned counsel for the respective parties have filed application under Section 147 of Negotiable Instruments Act, 1881. The averments made in the said application reads thus:- “1. That the Petitioner above named being aggrieved by the Judgment and Order dt: 03/02/2021 passed by the Court of the 1st Addl. District and Sessions Judge, Koppal (Sitting at Gangavathi) in Cr. A. No. 14/2015 which confirmed the Judgment and Order dt: 18/03/2015 passed by the Court of Prl. ivil Judge and JMFC, At: Gangavathi in C.C.No. 318/2010 sentencing the petitioner to pay a fine of Rs.64,10,000/- and in default to pay the fine amount he shall undergo simple imprisonment for six months, filed above criminal revision petition. 2. It is submitted that, in parallel, the Bank/Respondent instituted recovery proceedings against petitioner, guarantors and Co obligates in Loan Account OD No.16 on the file of Joint Registrar of Co-Operatives Malleshwaram, Bangalore in TR No.3180/2018 and which is pending consideration. At the time of hearing of this revision petition, on 20th May 2025, the Bank/respondent through it's counsel has made it clear that the Bank will settle and - 3 - HC-KAR NC: 2025:KHC-D:16689 CRL.RP No. 100114 of 2021 close the NI Act case in C.C.No.318/2010 on the file of JMFC, Gangavathi as well as close the Loan Account OD No.16 of SUCO Souharda Co Operative Bank Ltd., Gangavathi Branch (on the file of Joint Registrar of Co-Operatives Malleshwaram, Bangalore in TR No.3180/2018) and issue No Due Certificate and re-convey all movable and Immovable assets held as Securities with them, mortgaged and/or Lien, charged etc creating their Security interest, if petitioner pay a sum of Rs.1,35,00,000/- (Rupees One Crore and Thirty five Lakhs Only) as full and final settlement amount. 3. It is further submitted that the petitioner agreed to this settlement and out of Rs.1,35,00,000/- on 27/05/2025 has paid Rs.15,00,000/- (Rupees Fifteen Lakhs) to the respondent SUCO Bank account held in HDFC Bank with Account No.00090380000280 vide RTGS UTR details ICICR42025052700527854 and today petitioner is paying balance amount of Rs.1,20,00,000/- (Rupees One Crore Twenty Lakhs) through Demand Draft No.516365 drawn on ICICI Bank, Dt:04/11/2025 in favour of Respondent Bank. The Respondent accepted the DD subject to clearance of said D.D to close entire pending recovery proceedings against the petitioner.” 2. Considering the said averments, there is no embargo to this Court to record the compromise since the offences are compoundable in nature. 3. Accordingly, I proceed to pass the following: - 4 - HC-KAR NC: 2025:KHC-D:16689 CRL.RP No. 100114 of 2021 ORDER. i) The petition is allowed in terms of the compromise. ii) The judgment dated 18.03.2015 passed in Criminal Appeal No.14/2025 by the Principal Civil Judge and JMFC, Koppal, (sitting at Gangavathi), is hereby set aside. iii) The petitioner is acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. iii) The bail bonds executed against the petitioner stands cancelled. iv) The liberty is reserved to the learned counsel for the respondent to revive the petition in case if the D.D. is not honoured. v) In view of the disposal of the main petition, pending I.As, if any, are disposed of. Sd/- (S.RACHAIAH) JUDGE VMB/CT: UMD List No.: 1 Sl No.: 1