- 1 - HC-KAR NC: 2025:KHC-D:18659 CRL.RP No. 100273 of 2021 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL REVISION PETITION NO.100273 OF 2021 (397(Cr.PC)/438(BNSS)) BETWEEN: MAHESH S/O. SASTIMAPPA ALUR, AGE. 52 YEARS, OCCUPATION. DRIVER, R/O. JANTLI-SHIRUR, TQ. MUNDARGI, DISTRICT. GADAG, PIN CODE-582113. …PETITIONER (BY SRI. T.R. PATIL, ADVOCATE) AND: SMT. SHANTA W/O. SUBHASCHANDRA YALABURGI, AGE. 52 YEARS, OCC. HOUSEHOLD, R/O. JANTLI-SHIRUR, TQ. MUNDARGI, DISTRICT GADAG, PIN CODE-582113. …RESPONDENT (BY SMT. BHAGYASHREE N.BIKKANNAVAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W SECTION 401 OF CR.P.C., PRAYING TO, SET- ASIDE THE JUDGMENT DATED 23.05.2018 PASSED IN C.C. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18659 CRL.RP No. 100273 of 2021 NO.1142/2013 PASSED BY THE COURT OF PRL. CIVIL JUDGE AND J.M.F.C. HUBBALLI, CONVICTING THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT AND SENTENCING HIM TO UNDERGO SIMPLE IMPRISONMENT FOR A PERIOD OF SIX MONTHS AND ALSO LIABLE TO THE PETITIONER PAY FINE OF RS.6,35,000/- (RUPEES SIX LAKH THIRTY FIVE THOUSAND ONLY) IN THE EVENT OF FAILURE TO PAY THE ABOVE SAID FINE AMOUNT, PETITIONER SHALL UNDERGO SIMPLE IMPRISONMENT FOR A PERIOD OF SIX MONTHS. THE PRINCIPLE SENTENCES OF IMPRISONMENT AND DEFAULT OF SENTENCE OF IMPRISONMENT SHALL RUN ONE AFTER THE OTHER. ACTING UNDER SECTION 357(3) OF CR.P.C, OUT OF ABOVE SAID FINE AMOUNT, A COMPENSATION OF AMOUNT OF RS.6,25,000/- (RUPEES SIX LAKH TWENTY FIVE THOUSAND ONLY) BE GIVEN TO THE COMPLAINANT. OUT OF ENTIRE FINE AMOUNT RS.10,000/- (RUPEES TEN THOUSAND ONLY) HAS TO BE REMITTED TO THE GOVERNMENT TOWARDS EXPENDITURE OF PROSECUTION OF THIS CASE AND ALSO SET-ASIDE THE JUDGMENT DATED 18/10/2019 PASSED IN CRL. APPEAL NO.41/2018 PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE DHARWAD, SITTING AT HUBBALLI, CONFIRMING THE JUDGMENT OF CONVICTION OF THE TRIAL COURT AND ACQUIT, THE PETITIONER OF THE OFFENCE WITH WHICH HE HAS BEEN CONVICTED AND SENTENCED. - 3 - HC-KAR NC: 2025:KHC-D:18659 CRL.RP No. 100273 of 2021 THIS CRIMINAL REVISION PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. Learned counsel for the respective parties have filed an application under Section 147 of Negotiable Instruments Act read with Section 320 of Code of Criminal Procedure, 1973. 2. The relevant averments are made at paragraph No.4 of the said application, are read as under: “4. It is submitted that, with the intervention of elders and well-wishers of the Petitioner as well as the Respondent, the Petitioner and Respondent have agreed to amicable settle the dispute between them by compounding the present proceedings. In view of the said fact, the present compromise is being entered into on following terms and conditions: a. The Petitioner/Accused has agreed to pay a sum of Rs.5,30,000/- (Rupees five lakhs thirty thousand only) to the Respondent/Complainant. As per settlement today the petitioner was given - 4 - HC-KAR NC: 2025:KHC-D:18659 CRL.RP No. 100273 of 2021 amount of Rs.5,30,000/- (Rupees five lakhs thirty thousand only) to respondent and full and final settlement of the dispute between themselves. As per order of this Hon’ble court the petitioner was deposited the amount of Rs.3,17,500/- (Rupees three lakhs seventeen thousand five hundred only) before the Hon’ble Prl. Civil Judge and JMFC At Hubballi in C.C.No.1142/2013. Therefore, the respondent has no objection to the petitioner to withdraw of Rs.3,17,500/- (Rupees three lakhs seventeen thousand five hundred only) which was deposited on 04.12.2021 before the Hon’ble Prl. Civil Judge and JMFC At Hubballi in C.C.No.1142/2013. b. The Respondent/Complainant hereby acknowledges the receipt of Rs.5,30,000/- (Rupees five lakhs thirty thousand only) by way of cash from the Petitioner/Accused on today. c. The Respondent/Complainant also hereby aggress that, the Criminal Revision Petition No.100273/2021 filed by the Petitioner may kindly be disposed off as settled between the parties.” 3. Having considered the same, there is no embargo on this Court to record the settlement. 4. Accordingly, I proceed to pass the following: - 5 - HC-KAR NC: 2025:KHC-D:18659 CRL.RP No. 100273 of 2021 ORDER. i) The petition is allowed in terms of the settlement. iii) The judgment of conviction and order on sentence dated 23.05.2018 passed in C.C. No.1142/2013 by the Prl. Civil Judge and JMFC, Hubballi, and confirmed in the judgment dated 18.10.2019 passed in Criminal Appeal No.41/2018 by the V Additional District and Sessions Judge, Dharwad, are hereby set aside. iv) The petitioner is acquitted for the offence under Section 138 of Negotiable Instruments Act. v) The bail bonds and surety bond of the petitioner stand cancelled. vi) The petitioner/accused is permitted to withdraw the amount deposited before the Trial Court, if any. - 6 - HC-KAR NC: 2025:KHC-D:18659 CRL.RP No. 100273 of 2021 vii) In view of disposal of the main petition, pending applications, if any, are disposed off. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 1 Sl No.: 92