- 1 - NC: 2025:KHC-D:5075 CRL.RP No. 100340 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100340 OF 2024 (397(Cr.PC)/438(BNSS)) BETWEEN: SRI KIRANKUMAR SHET S/O. KESHAV SHET, AGE: 39 YEARS, OCC. PRIVATE SERVICE, R/O. OM GANESH GENERAL STORES, MARKOD, HALADY ROAD, KOTESHWAR, TQ. KUNDAPUR, DIST. UDUPI-576201. …PETITIONER (BY SRI P.G. CHIKKANARAGUND, ADVOCATE) AND: SRI SITARAM VENKATRAMAN BURDE AGE: 73 YEARS, OCC. BUSINESS, R/O. H.NO.339/B, PATIL GALLI, VADAGAON, BELAGAVI-590001. …RESPONDENT (BY SRI SANJAY S. KATAGERI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W. 401 OF CR.P.C. (SECTION 438 R/W. 442 OF BNSS), SEEKING TO SET ASIDE THE JUDGMENT AND ORDER DATED 03.12.2022 IN CRL.APPEAL NO.118/2022 PASSED BY THE XI ADDL.SESSIONS JUDGE, BELAGAVI AND THE JUDGMENT AND ORDER DATED 12.11.2021 IN CRL.CASE NO.353/2018 PASSED BY THE VII JMFC COURT BELAGAVI AND ACQUIT THE PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE U/SECTIONS 138 OF N.I. ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THREREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.24 15:32:01 +0530 - 2 - NC: 2025:KHC-D:5075 CRL.RP No. 100340 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) After addressing the arguments for some time, counsel for the petitioner files a memo. The same is acknowledged by the counsel for respondent. 2. Contents of memo read as under: “In the above matter the Petitioner/Accused humbly submits that the accused is ready to pay the fine amount of Rs.5,50,000/- to the complainant within Two months from the date of receipt of copy of this order. The said submission is made on the instructions of the trial Court Advocate. Hence this memo.” 3. Placing the memo on record, petition stands disposed of. 4. If the amount of compensation, as agreed in the memo is not paid by the revision petitioner, the order - 3 - NC: 2025:KHC-D:5075 CRL.RP No. 100340 of 2024 of the learned Trial Magistrate confirmed by the First Appellate Court stands restored automatically. 5. After the payment of entire compensation amount, sum of Rs.5,000/- ordered by the learned Trial Magistrate towards defraying expenses of the State, stands set aside. 6. Amount in deposit is ordered to be withdrawn by the complainant under due identification. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA LIST NO.: 2 SL NO.: 28