- 1 - HC-KAR NC: 2025:KHC-D:9037 CRL.RP No. 100227 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL REVISION PETITION NO. 100227 OF 2025 (397 OF Cr.PC/438 OF BNSS) BETWEEN: NAGESH CHANDRAKANT MALSHEKAR, AGE: 38 YEARS, OCC: FISHERMAN, R/O. M.G. ROAD, KONKAN KHARVIWAD, KARWAD, DIST. UTTARA KANNADA, PINCODE: 581301. …PETITIONER (BY SHRI VENKATESH M. KHARVI AND SMT. DIVYA ACHARI, ADVOCATE) AND: SHANTIKA SOUHARDHA SHAKARI NIYAMIT, R/BY ITS AUTHORISED PERSON BRIJESH HAMMANNA NAYAK, AGE: 25 YEARS, OCC: SUPERVISOR, TQ. ANKOLA, KARWAR BRNACH, DIST. UTTAR KANNADA, PINCODE-581301. …RESPONDENT (BY SHRI VISHWANATH HEGDE, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. (U/S.438 R/W 442 OF BNSS), SEEKING TO CALL FOR THE ENTIRE RECORDS ON THE FILE OF ADDL. SENIOR CIVIL JUDGE AND JMFC COURT KARWAR IN C.C. NO.854/2021 DATED 17.12.2021 AND ORDER PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR IN CRL. APPEAL NO.02/2022 DATED 28.02.2025 AND TO ALLOW THIS PETITION BY SETTING ASIDE JUDGMENT DATED 28.02.2025 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR IN CRL. APPEAL NO.02/2022 AND Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:9037 CRL.RP No. 100227 of 2025 CONSEQUENTLY SET ASIDE THE JUDGMENT DATED 17.12.2021 PASSED BY ADDL. SENIOR CIVIL JUDGE AND JMFC COURT KARWAR IN C.C. NO.854/2021 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri.Venktesh M. Kharvi, learned counsel for Smt. Divya Achari, learned counsel for the petitioner and Sri.Vishwanath Hegde, learned counsel for the respondent. 2. The petitioner/accused has filed this petition under Section 438 read with Section 442 of Bharatiya Nagarik surksha Sanhit, 2023 (for short, ‘the BNSS’) Seeking to set aside the judgment passed by the trial Court as well as the first appellate Court, wherein the trial Court convicted the petitioner/accused for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (for short, ‘the N.I.Act’) in C.C.No.854/2021 dated 17.12.2021. - 3 - HC-KAR NC: 2025:KHC-D:9037 CRL.RP No. 100227 of 2025 3. Learned counsel for both the parties has filed application under Section 147 of the N.I.Act. The contents of the application read as under: “Herein, both Petitioner & Respondent beg to submit as under: 1. That the petitioner/accused herein challenged the order passed by the Hon'ble 2nd addnl. District and Sessions Judge Uttarkannada, Karwar in Crl, Appeal No; 2/2022 dated 28.2.2025 and order passed by the Hon'ble Addnl Senior Civil and JMFC Court Karwar in CC No 854/2021 dated 17.12.2021 for the offence under section 138 OF Negotiable Instruments Act preferred this revision before this Hon'ble court. 2. That the Trial court after having heard the matter on both sides and documents placed before the court, the Hon'ble Addl. Senior civil Judge and JMFC. Karwar in C.C. No 854/2011 dated 17.12.2021 was convict the petitioner with fine of Rs.10,00,000/- out of which Rs.20,000/- is compensation to be state for the said offence. 3. Thereafter, the Petitioner preferred Appeal Crl. Appeal No: 2/2022 before 2nd Addl. District & Sessions Judge, U.K. Karwar. The said Hon'ble Court confirmed orders passed by the Addl. Senior civil Judge and JMFC Court Karwar 28/02/2025. - 4 - HC-KAR NC: 2025:KHC-D:9037 CRL.RP No. 100227 of 2025 4. After passing of the Judgment by this I st appellate court, the Petitioner has paid entire amount to the respondent / bank and same was acknowledge by him on 20.02.2025. 5. Now, herein, the Petitioner and Respondent are in good terms and decided not to proceed with this case in the future. Therefore, both Petitioner and Respondent want to compromise and further to settle the matter once and for all. Hence, we file this petition for compromise. The terms of the compromise are as under: a) That the Petitioner has paid the entire amount to amount of Rs 10,00000/- to the respondent and same was acknowledge by the respondent. There is no due from the petitioner in respect of loan transaction. b) Further, the petitioner has paid whatever amount before Trial court as per order passed by the I st appellate court Whatever the amount deposited by the petitioner before Trial court, This Hon'ble Court directed the Trial court to refund the amount deposited by the petitioner. The respondent have no objection to refund the amount to the petitioner. c. That the Respondent has no objection to set aside the orders of both the court mentioned below. In view of compromise and settlement between the Petitioner and Respondent this Hon'ble Court be - 5 - HC-KAR NC: 2025:KHC-D:9037 CRL.RP No. 100227 of 2025 pleased to set aside the order passed by Addl. Senior civil Judge and JMFC KARWAR C.C. No. 851/2021 DATED 17.12.2021 AND order passed by 2ND Addl. District and Session Judge, U.K Karwar, IN crl appeal No 2/2022 dated 28/02/2025 and acquit the petitioner from offence in the interest of justice.” 4. In view of the terms mentioned in the petition, petitioner has paid the entire amount to the petition respondent, being a sum of Rs.10,00,000/- and the same has been acknowledged by the respondent and there is no due from the petitioner in respect of the loan transactions. 5. In view of the settlement arrive between the parties and as per application filed under Section 147 of the N.I.Act, and accordingly, I proceed to pass the following: ORDER i. The Criminal petition is allowed. ii. The impugned order dated 17.12.2021 passed in C.C.No.854/2021 passed in Crl.A.No.02/2022 and the judgment of - 6 - HC-KAR NC: 2025:KHC-D:9037 CRL.RP No. 100227 of 2025 conviction and order of sentence passed by the trial Court for the offence punishable under Section 138 of the N.I.Act., is set aside. iii. Petitioner/accused is acquitted for the offence punishable under Section 138 of the N.I.Act. iv. The amount deposited by the petitioner/accused shall be returned to the petitioner/accused on proper identification. Learned counsel for the respondent has no objection to refund of the said amount in favour of the accused. Registry is directed to send back a copy of this order to the trial Court forthwith. Sd/- (VENKATESH NAIK T) JUDGE AC List No.: 3 Sl No.: 1