- 1 - NC: 2025:KHC-D:2224 CRL.RP No. 100395 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL REVISION PETITION NO.100395 OF 2022 [397(CR.PC)/438(BNSS)] BETWEEN: SMT. SHYAMALA W/O. RAM BANDEKAR, AGE: 48 YEARS, OCC. HOUSEWIFE, R/O. MANASINKATTA, TELANG ROAD, BAAD, POST: NANDANGADDA, KARWAR-581301. … PETITIONER (BY SRI MAHESH WODEYAR, ADVOCATE) AND: M/S. TARA JEWELLERS GURUMATH ROAD, KAJUBAG, KARWAR, REP. BY ITS PROP. DEVIDAS DATTU PAWASKAR, AGE: 66 YEARS, OCC. BUSINESS, R/O. GURUMATH ROAD, KAJUBAG, KARWAR-581301 … RESPONDENT (BY SMT. DIVYA J.DESHPANDE, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W. 401 OF CR.P.C., SEEKING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 28.09.2022 PASSED BY THE LEARNED II ADDITIONAL DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR IN CRIMINAL APPEAL NO.134/2014, AND THE JUDGMENT AND ORDER OF CONVICTION DATED 21.10.2014, PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC II KARWAR, IN CC NO.485/2012 FOR THE OFFENCE PUNISHABLE U/S. 138 OF N.I. ACT, AND CONSEQUENTLY ACQUIT THE ACCUSED FOR THE OFFENCE PUNISHABLE U/S. 138 OF N.I. ACT. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.02.07 14:20:58 +0530 - 2 - NC: 2025:KHC-D:2224 CRL.RP No. 100395 of 2022 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This revision petition is filed by sole accused (petitioner) challenging judgment of conviction and order of sentence dated 28.09.2022 by II Additional District and Sessions Judge, Uttara Kannada, Karwar in Crl.A.no.134/2014 confirming judgment of conviction and order of sentence dated 21.10.2014 passed by Principal Civil Judge and JMFC-II, Karwar in C.C.No.485/2012 for offences punishable under Section 138 Negotiable Instruments Act, 1881 (‘NI Act’ for short). 2. Petitioner – accused and respondent – complainant and their respective counsel are present. 3. Parties have filed memorandum of petition under Section 147 of NI Act reporting compromise stating that matter is settled between parties. Respondent – complainant agreed to receive and petitioner - accused agreed to pay sum of Rs.6,50,000/- as full and final settlement towards cheque amount. Petitioner – accused has already deposited Rs.4,80,000/- before Civil Judge and JMFC-II Court at Karwar - 3 - NC: 2025:KHC-D:2224 CRL.RP No. 100395 of 2022 as per order of this Court dated 25.11.2022 and for remaining sum of Rs.1,70,000/-, petitioner - accused has produced a Demand Draft bearing no.915009 drawn in his favour today. Compromise petition reads as under: “MEMORANDUM OF PETITION U/S 147 OF NEGOTIABLE INSTRUMENT ACT FOR COMPOUNDING THE OFFENCE. Petitioner & Respondent respectfully submit as under: 1. Petitioner has filed the above Criminal Revision petition against the judgment and order of conviction dated 28.09.2022 passed by the Ld. II Addl. Dist. & Sessions Judge, Uttarkannada, Karwar in Criminal Appeal No.134/2014, confirming the judgment and order of conviction dated 21.10.2014 passed by the Ld. JMFC II Karwar, in C.C.No.485/2012 for the offence punishable under section 138 of NI Act, whereby the Petitioner is convicted for the offence punishable under Section 138 of N.I. Act. 2. The Trial Court convicted the accused for the offence punishable U.s 138 of NI Act and sentenced the accused to pay fine amount of Rs. 9,60,000/- and in default of payment of fine accused shall undergo simple imprisonment for a period of 2 years. Further, ordered that, out of the fine amount of Rs.4,80,000.- to the complainant towards the Cheque amount and Rs. 10,000/- compensation vide its order dated 21.10.2014. 3. Being aggrieved by the same petitioner filed Crl.A.No.134/2014 before the Ld.II Additional Dist. & Sessions judge Uttar Kannada Karwar and the Ld.II Additional Dist. & Sessions judge Uttar Kannada Karwar modified the sentenced as follows:- - 4 - NC: 2025:KHC-D:2224 CRL.RP No. 100395 of 2022 The Judgment and order of Conviction passed by the Ld. JMFC II Karwar, in CC No.485/2012 dated 21.10.2014 is hereby confirmed. However, the sentence is modified as the accused is sentenced to pay fine of Rs.9,65,000/- and out of the total compensation, Rs.9,60,000/- should be paid as compensation to the complainant and the remaining amount of Rs.5,000/- should be deposited to the State towards litigation expenses. 4. It is submitted that the during the pendency of the above petition, due to intervention of the elders and well wishers, Petitioner and Respondent herein have amicably settled the matter between themselves conditions on the following terms and conditions: i) That the complainant/respondent agreed to receive total Rs.6,50,000/-(Rupees six lakh fifty Thousand only) as a full and final settlement towards the cheque amount. Accused/Petitioner has already deposited Rs.4,80,000/-(Four lakh eighty Thousand Rupees only) before the Civil Judge & JMFC II Court at Karwar by virtue of the order dated 25-11-2022 passed by this Hon'ble court in the above matter. Accused/Petitioner has no objection to withdraw the said amount by the Complainant/Responden therein towards discharge of cheque amount. ii) Further the remaining balance amount of Rs.1,70,000/-(Rupees One Lakh seventy thousand only) the petitioner is paying the said amount through DD bearing No.915009 dated 24.01.2025 for Rs.1,70,000/- drawn on canara bank Nandngada branch in favor of the respondents/complaints as a full and final settlement of the cheque amount and further Complainant/Respondent submits that he has no objection to setting aside the order of convictions passed by the Courts below. - 5 - NC: 2025:KHC-D:2224 CRL.RP No. 100395 of 2022 iii) The terms of this Compromise Petition which are written above in English language are read over and explained in Kannada language to the parties, who after having fully understood the same have affixed their respective signatures out of their free will & consent, without any coercion or undue influence. Wherefore, it is most humbly prayed that this Hon'ble Court may kindly be pleased to accept the compromise petition and may kindly be pleased to set aside the order dated 28.09.2022 passed by the Ld. II Addl. Dist. & Sessions Judge, Uttarkannada, Karwar in Criminal Appeal No.134/2014, and also set aside the judgment and order of conviction dated 21.10.2014 passed by the Ld.civil Judge & JMFC II Court Karwar, in C.C.No.485/2012, for the offence punishable under Section 138 of NI Act, in the interest of justice and equity.” 4. Respondent - complainant acknowledges receipt of Demand Draft for a sum of Rs.1,70,000/- as detailed in compromise petition duly signed by both parties and their learned counsel. 5. In light of compromise entered into between parties, terms of compromise are accepted. Hence, I proceed to pass following: ORDER i) Criminal Revision Petition is allowed in terms of compromise. - 6 - NC: 2025:KHC-D:2224 CRL.RP No. 100395 of 2022 ii) Judgment dated 28.09.2022 passed in Crl.A.No.134/2014 by II Additional District and Sessions Judge, Uttara Kannada, Karwar confirming judgment of conviction and order of sentence dated 21.10.2014 passed by Civil Judge and JMFC-II Court, Karwar, in C.C.No.485/2012, are set aside. iii) Consequently petitioner - accused is acquitted for offence punishable under Section 138 of Negotiable Instrument Act. iv) Bail bond/surety of accused shall stand cancelled. SD/- (RAVI V.HOSMANI) JUDGE EM: CT:PA : LIST NO.: 1 SL NO.: 23