- 1 - NC: 2025:KHC-D:5611 CRL.RP No. 100193 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100193 OF 2018 (397(CR.PC)/438(BNSS)) BETWEEN: BALAVANT S/O. VENKATESH PATIL, AGED ABOUT 58 YEARS, OCC. BUSINESS, R/O. BEHIND H.D.F.C. BANK, GADAG. …PETITIONER (BY SRI ARAVIND D.KULKARNI, ADVOCATE) AND: MALLANAGOUDA S/O. NINGAPPA PATIL, AGED ABOUT 38 YEARS, OCC. AGRICULTURE, R/O. ATIIKATTI, TQ. MUNDARGI, DIST. GADAG. …RESPONDENT (BY SRI H.N. GULARADDI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397 R/W. 401 OF CR.P.C., PRAYING TO CALL FOR THE RECORDS AND TO SET ASIDE / QUASH THE JUDGMENT AND ORDER DATED 06.09.2018 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, GADAG IN CRIMINAL APPEAL NO.88/2015 APPEAL AND ALSO SET ASIDE / QUASH JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE 1ST ADDL. CIVIL JUDGE AND JMFC-I, GADAG IN C.C. NO.1723/2015 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND CONSEQUENTLY ACQUIT THE PETITIONER HEREIN. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.01 14:55:49 +0530 - 2 - NC: 2025:KHC-D:5611 CRL.RP No. 100193 of 2018 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Parties present. 2. Joint memo filed. Contents of the joint memo reads as under: “Herein Petitioner and Respondent filed this joint memo as under: 1. The petitioner being aggrieved by judgment and order dated: 06/09/2018 passed by the Principal District and Sessions Judge, Gadag in Criminal Appeal No. 88/2015 whereby appeal preferred by the petitioner I sdismissed and judgment of conviction and sentence passed by the Ist Addl. Civil Judge and JMFC, Gadag in CC No. 1723/2015 for the offence punishable U/s 138 of NI Act is confirmed, is preferring the present revision petition. 2. That the petitioner has deposited Rs. 57,500/-before the Ist Addl. Civil Judge and JMFC Court Gadag,. The petitioner has no objection in withdraw the said amount by this respondent. Today is the petitioner has paid Rs. 62,500/- to the Respondent. Therefore, the Hon'ble Court may kindly be disposed of the above revision petition on the above terms and conditions. Hence this joint memo.” 3. Placing the joint memo on record, petition stands disposed of. - 3 - NC: 2025:KHC-D:5611 CRL.RP No. 100193 of 2018 4. Pursuant to the joint memo, sum of Rs.62,500/- is paid today by the revision petitioner to the respondent. Same is acknowledged in the order sheet. 5. In view of the disposal of the revision petition as per the joint memo, fine amount of Rs.10,000/- ordered by the trial Magistrate and confirmed by the First Appellate Court is hereby set aside as lis is privy to the parties and no State machinery is involved. 6. Sri. Arvind Kulkarni, counsel submits that he has already deposited fine amount of Rs.10,000/- since the said fine amount is set aside by this Court, revision petitioner is entitled for refund of Rs.10,000/- which has been deposited towards defraying expenses of the State. Revision petition is disposed of accordingly. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA LIST NO.: 2 SL NO.: 45