- 1 - HC-KAR NC: 2025:KHC-D:9135 CRL.RP No. 100285 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL REVISION PETITION NO.100285 OF 2025 (397 OF Cr.PC/438 OF BNSS) BETWEEN: SRI. THOMAS MATHEW, AGE: 70 YEARS, OCC: BUSINESS, R/O. APMC SHOP NO.23, C/O ALBHA TOURS AND TRAVELS, OPPOSITE SHANTI-VENKATESH THEATERS, GADAG, TQ. DIST. GADAG-582101. …PETITIONER (BY SRI. SURESH S. SHETTEMMANAVAR, ADVOCATE) AND: PRASANNARENUKASWAMI S/O. CHANDRASHEKAR SHABADIMATH, AGE: 55 YEARS, OCC: BUSINESS & PARTNER, M/S. P.C. SHABADIMATH BOOK DEPOT, STATION ROAD, GADAG-582101, TQ. DIST. GADAG. …RESPONDENT (BY SRI. C. S. RACHAYYANAVAR AND SRI. GIRISH S. HIREMATH, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 438 READ WITH 442 OF BNSS, 2023, SEEKING TO SET ASIDE THE ORDER PASSED BY THE I ADDL. PRL JUDGE, FAMILY COURT SITTING AT GADAG IN CRIMINAL APPEAL NO.16/2023 DATED 2ND SEPTEMBER 2023, AND ALSO SET ASIDE THE ORDER OF CONVICTION AND SENTENCE, PASSED BY THE I ADDL. CIVIL JUDGE AND JMFC I, GADAG IN C.C. NO.1831/2021 DATED 1ST MARCH 2023, FOR OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT BY ALLOWING THIS REVISION PETITION IN THE INTEREST OF JUSTICE. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:9135 CRL.RP No. 100285 of 2025 THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Sri Suresh Shettemmanavar., learned counsel for the revision petitioner and Shri C. S. Rachayyanavar and Shri Girish S. Hiremath., learned counsel for the respondent are present. 2. The petitioner-accused has filed the present petition under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to set aside the judgment dated 02.09.2023 passed by the learned I Additional Principal Judge, Family Court, Gadag in Criminal Appeal No.16/2023, as well as the judgment of conviction and order of sentence dated 01.03.2023 passed in C.C.No.1831/2021, by the learned I Additional Civil Judge and JMFC-I Court, Gadag, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. - 3 - HC-KAR NC: 2025:KHC-D:9135 CRL.RP No. 100285 of 2025 3. Now the petitioner-accused and respondent- de facto complainant, have resolved their disputes amicably. In view of settlement, the petitioner-accused and respondent-de facto complainant have filed a joint memo under Sections 147 of Negotiable Instruments Act read with Section 359(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. The contents of joint memo read as under: “Herein the Petitioner and Respondent above named submits joint memo as under:- 1. The Petitioner and Respondent submits that, Respondent had filed complaint in C.C. 1831/2021 u/s 138 of Negotiable Instrument Act before the Court of I Addl. Civil Judge and JMFC, I Court Gadag and learned Magistrate was pleased to allow the complaint and convicted petitioner for offence under section 138 of Negotiable Instruments Act, 1881 by an order dated 01/03/2023, in default of payment of fine accused shall undergo simple imprisonment for three months and also it was directed to pay compensation of Rs.2,50,000/- to the complainant/Respondent. Being aggrieved by the said order, the Petitioner herein has filed Criminal Appeal no. 16/2023 before the I Addl.PRL. Judge, family Court Gadag sitting at Gadag and the said appeal the Hon'ble Court was pleased to confirmed the trial court's order and passed the judgement on dtd. 02/09/2023 Against that, the present Revision Petition is filed. 2. It is submitted that, the Petitioner and Respondent settled the matter amicably and the - 4 - HC-KAR NC: 2025:KHC-D:9135 CRL.RP No. 100285 of 2025 petitioner paid Rs.2,00,000/- to the Respondent out of court. 3. The amount of Rs.2,00,000/- will be settled on today. Hence the Petitioner and the Respondent prays for leniency for permission to compound the offence and acquit the petitioner for the offence U/Sec. 138 of NI act by setting aside the conviction orders passed by the Criminal Appeal no. 16/2023 before the I Addl. PRL. Judge, family Court Gadag sitting at Gadag in Criminal Appeal No: 16/2023 dated 2nd Day Of September 2023, confirming the order of conviction and sentence, passed by the learned Court of I Addl. Civil Judge and JMFC, I Court Gadag in CC No: 1831/2021 dated 1st day of March 2023 be quashed in the ends of justice. ” 4. In support of the joint memo, the de facto complainant has filed an affidavit. The contents of affidavit reads as under; “AFFIDAVIT ”I, Prasannarenukaswami S/o Chandrekshare Shabadimath, Age: 55 Years, Occ: Business and Partner M/s P C Shabhadimath Book Depot. Station Road, Gadag now at Dharwad do hereby state on oath and solemn affirmation as under: 1. I am the Respondent in the above case and I am acquainted with the facts of the case. Hence, I am competent to swear to this affidavit. 2. I state that, the matter is settled amicably between myself and the petitioner. As per settlement terms today I have received Rs. - 5 - HC-KAR NC: 2025:KHC-D:9135 CRL.RP No. 100285 of 2025 2 lakhs cash from the petitioner. The contents of the Joint memo are read are over to me, the same are true and correct to the best of my knowledge and belief.” 5. In terms of the joint memo, the petitioner- accused has paid a sum of Rs.2,00,000/- (Rupees two lakh only) towards full and final settlement, and the respondent/de facto complainant has acknowledged receipt of the said amount. In view of the settlement arrived at between the parties, and in light of the application/joint memo filed, the Criminal Revision Petition deserves to be allowed. Accordingly, the following: ORDER i) The Criminal Revision Petition is allowed. ii) The impugned judgment dated 02.09.2023 passed by the learned I Additional Principal Judge, Family Court, Gadag in Criminal Appeal No.16/2023, as well as the judgment of conviction and order of sentence dated 01.03.2023 passed in C.C.No.1831/2021, by the learned I Additional - 6 - HC-KAR NC: 2025:KHC-D:9135 CRL.RP No. 100285 of 2025 Civil Judge and JMFC-I Court, Gadag, are hereby set-aside. iii) The petitioner-accused is acquitted of the offence punishable under Section 138 of the N.I. Act. iv) In view of settlement arrived at between the parties, the delay of 597 days in filing the criminal revision petition is hereby condoned. v) The trial Court is directed to issue release intimation for release of petitioner-accused forthwith, if he is not required in any other case. vi) In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (VENKATESH NAIK T) JUDGE AM/- CT-AN List No.: 1 Sl No.: 23