- 1 - NC: 2025:KHC-D:6019 CRL.RP No. 100341 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100341 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: MALLIKARJUN SIDDAYYA MATAPATI, AGE. 44 YEARS, OCC. BUSINESS, R/O. VIDYA NAGAR, CHIKODI-591201, TQ. CHIKODI, DIST. BELAGAVI. …PETITIONER (BY SRI SHARAD V.MAGADUM, ADVOCATE) AND: BASAVESHWAR MULTIPURPOSE SOUHARD SAHAKARI NIYAMIT BELAGAVI, HEAD OFFICE CHIKODI, TQ. CHIKODI, DIST. BELAGAVI, REPRESENTED BY ITS GENERAL MANAGER SRI BABURAO DHANASHETTI YESHI, AGE. 54 YEARS, OCC. SERVICE, R/O. CHIKALGUDDA, TQ. HUKKERI, DIST. BELAGAVI-591201. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C., SEEKING TO SET ASIDE THE ORDER PASSED BY VII ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI, SITTING AT CHIKKODI IN CRL.A. NO.233/2019 DATED 03.03.2021 DISMISSING THE APPEAL AS NOT PRESSED AND FURTHER ACQUIT THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NI ACT, IN THE INTEREST OF JUSTICE. THIS CRIMINAL REVISION PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.09 15:58:05 +0530 - 2 - NC: 2025:KHC-D:6019 CRL.RP No. 100341 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Sharad V. Magadum, learned counsel for the revision petitioner. 2. Respondent served with the notice and remained absent. 3. Revision petitioner is the accused in C.C.No.1770/2017 who suffered an order of conviction for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (for short, ‘the N.I.Act’) and ordered to pay fine amount of Rs.36,11,918/-. 4. Accused filed an appeal before the District Court in Crl.A.No.233/2019. A memo came to be filed before the First Appellate Court by learned counsel for appellant. Memo reads as under: “Herein, the memo on behalf of the Appellant as under: That in the top noted case Appellant producing The original certificate issued by the Respondent’s society. - 3 - NC: 2025:KHC-D:6019 CRL.RP No. 100341 of 2023 It is therefore, most respectfully prayed before this Hon’ble court may kindly consider the memo in the interest of justice. Hence memo.” 5. Along with the memo a certificate issued by the Society is filed as per the said certificate, sum of Rs.31,11,918/- was received by the society from the accused and therefore, they had given no objection for closing the appeal noting the payment of entire fine amount. 6. Learned Judge in the First Appellate Court while passing the orders on memo, dismissed the appeal. 7. Dismissing the appeal is the grievance of the petitioner inasmuch as dismissing appeal would result in restoration of the conviction order passed by the trial Court and First Appellate Court should have disposed of the appeal noting the payment of the entire fine amount as compensation. 8. Perused the records including the certificate issued by the respondent-Society. - 4 - NC: 2025:KHC-D:6019 CRL.RP No. 100341 of 2023 9. On such perusal it is crystal clear that the present petitioner, being the accused, had paid the entire compensation amount as ordered by the learned trial Magistrate and therefore, appeal should have been treated as “disposed of” instead of “dismissed”. 10. With observations, the following order is passed. ORDER i. Present petition is allowed. ii. It is made clear that revision petitioner is not required to pay any further amount to the complainant-Society. Sd/- (V.SRISHANANDA) JUDGE AC List No.: 2 Sl No.: 5