- 1 - HC-KAR NC: 2025:KHC:50768 CRL.RP No. 738 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 738 OF 2017 BETWEEN: K ASHOK S/O LATE GOVIND BHAT, AGED ABOUT 58 YEARS, R/O JOG ROAD, SAGAR, NOW AT KANDIKA VILLAGE, SAGAR TALUK, SHIMOGA DISTRICT- 577 301 …PETITIONER (BY SRI. PRASAD B S., ADVOCATE) AND: M/S VARADA ARECA MARKETING COMPANY (P) LTD., APMC., YARD, SAGAR CITY, A REGISTERED COMPANY, REPRESENTED BY ITS MANAGING DIRECTOR SHIMOGA DISTRICT- 577 301 …RESPONDENT (BY SRI. HARISH KUMAR.M.S., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50768 CRL.RP No. 738 of 2017 THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 20.03.2017 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, SAGAR IN C.C.NO.174/2010 AND ORDER DATED 07.06.2017 BY THE V ADDL. DIST. AND S.J., SHIVAMOGGA, SITTING AT SAGAR IN CRL.A.NO.10018/2017 AND ACQUIT THE PETR. OF THE CHARGED LEVELED AGAINST HIM. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging judgment of conviction and sentence dated 20.03.2017 passed by Senior Civil Judge & JMFC., Sagar in C.C.no.174/2010 and confirmed in judgment dated 07.06.2017 passed by V Additional District & Sessions Judge, Shivamogga, sitting at Sagar, in Crl.A.no.10018/2017, this Revision Petition is filed. 2. This Revision Petition was dismissed for non- prosecution by order dated 30.06.2025. I.As.no.1/2025 and 2/2025 are filed for condonation of delay and for recalling order dated 30.06.2025. It was submitted there were four matters - 3 - HC-KAR NC: 2025:KHC:50768 CRL.RP No. 738 of 2017 pending between parties and in two of them, respondent had acknowledged settlement and they were disposed of. However, for want of instructions in remaining two matters, they came to be dismissed for non-prosecution. 3. It is submitted that even in these two matters there is settlement and a Memo has been filed by respondent acknowledging settlement and receipt of entire settlement amount. Therefore, seeks for recalling of order dated 30.06.2025. 4. Applications are not opposed. 5. Counsel for respondent has filed a Memo corroborating assertion in application. 6. In view of above, I.As.no.1/2025 and 2/2025 are allowed. Delay is condoned. Order dated 30.06.2025 is recalled. 7. Memo filed by respondent is taken on record. Revision Petition is disposed of as settled. Consequently, judgment of conviction and sentence dated 20.03.2017 passed by Senior Civil Judge & JMFC., Sagar in C.C.no.174/2010, - 4 - HC-KAR NC: 2025:KHC:50768 CRL.RP No. 738 of 2017 confirmed in judgment dated 07.06.2017 passed by V Additional District & Sessions Judge, Shivamogga, sitting at Sagar, in Crl.A.no.10018/2017 are set aside acquitting petitioner of offence punishable under Section 138 of N.I. Act. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 2