- 1 - NC: 2025:KHC-D:5878 CRL.RP No. 100323 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100323 OF 2017 (397(CR.PC)/438(BNSS)) BETWEEN: MR.RAJU YALLAPPA MADAR @ HAKKAYAGOL, AGED ABOUT 33 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. KERUR, TQ. CHIKKODI, DIST. BELAGAVI. …PETITIONER (BY SRI HANUMESH DESAI, ADVOCATE FOR SRI NEELENDRA D.GUNDE, ADVOCATE) AND: MR. ANIL RAMACHANDRA WAGHAMORE AGE: 40 YEARS, OCC. AGRICULTURE/BUSINESS, R/O. KERUR, TQ. CHIKKODI. DIST. BELAGAVI. …RESPONDENT (BY SRI GANAPATI M. BHAT, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH 401 OF CR.P.C., SEEKING TO CALL FOR RECORDS AND TO ALLOW THIS PETITION AND SET ASIDE THE ORDER DATED 30.10.2017 PASSED IN CRL. APPEAL NO. 198 OF 2015 BY THE VII ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI SITTING AT CHIKKODI THEREBY CONFIRMING THE ORDER PASSED BY PRL. CIVIL JUDGE AND JMFC CHIKODI IN C.C.NO. 857 OF 2014 DATED 30.10.2015 THEREBY CONVICTING THE PETITIONER FOR OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND DIRECTING THE PETITIONER TO PAY A FILE OF RS.2,75,000/- AND SIMPLE IMPRISONMENT FOR 1 YEAR. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.03 10:52:35 +0530 - 2 - NC: 2025:KHC-D:5878 CRL.RP No. 100323 of 2017 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. After addressing the arguments on behalf of the revision petitioner, Sri.Ganapati M. Bhat, learned counsel files a memo. Memo reads as under: “The Respondent humbly submits as under:- 1. It is submitted that, on the private compliant filed by Respondent herein, for the offences punishable u/Sec.138 of NI Act, the Court of Prl. Civil Judge and JMFC, Chikkodi in C.C.No.857/2014 as per Judgement and Order dt: 30/10/2015 convicted the petitioner herein to pay a fine of Rs.2,75,000/- and SI for one year and this conviction order as per Order dt:30/10/2017 confirmed by the Court of VII Addl. District and Sessions judge, Belagavi Sitting at Chikkodi in Crl.A.No.198/2015. 2. It is submitted that both petitioner and respondent herein are good friends and settled the amount of cheque out of the court and the respondent is unable to travel due to he meet with accident on 3rd week of - 3 - NC: 2025:KHC-D:5878 CRL.RP No. 100323 of 2017 February 2025, after discussion with respondent and his trial court advocate, hereby the respondent/complainant telephonically consented to withdraw his complaint which filed against the petitioner herein in C.C.No.857/2014.” 2. Placing the memo on record, original complaint filed by the revision petitioner itself is permitted to be withdrawn. Consequently, the impugned orders are also set aside. 3. Fine amount, if any, deposited by the revision petitioner is entitled to be withdrawn by the revision petitioner under due identification. SD/- (V.SRISHANANDA) JUDGE AC CT:PA LIST NO.: 2 SL NO.: 30