- 1 - NC: 2025:KHC-K:2396 CRL.RP No. 200039 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL REVISION PETITION NO. 200039 OF 2024 (397(Cr.PC)/438(BNSS)) BETWEEN: SHRI LAXMI REDDY B. KANDKUR, AGE:59 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O. PLOT NO.78, NGO’S COLONY SEDAM ROAD, KALABURAGI-585101. …PETITIONER (BY SRI MANVENDRA REDDY, ADVOCATE) AND: DR. MILIND S. HATWALNE, AGE:59 YEARS, OCC: MEDICAL PRACTITIONER, R/O. SHRI SAPTASHRUNGI NIVAS, H.NO.1-8902 GHABRE LAYOUT, OLD JEWARGI ROAD, KALABURAGI-585102. …RESPONDENT (BY SRI AVINASH A. UPLAONKAR , ADVOCATE) THIS CRL.RP IS FILED U/S 397 OF CR.P.C PRAYING TO ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGEMENT PASSED BY THE I-ADDL. DISTRICT AND SESSION JUDGE, KALABURAGI IN CRIMINAL APPEAL NO.67/2023 DATED 07.02.2024 AND ALSO SET ASIDE THE JUDGEMENT IN C.C.NO.853/2021 DATED 15.04.2023 PASSED BY THE Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2396 CRL.RP No. 200039 of 2024 LEARNED PRL. CIVIL JUDGE AND JMFC KALABURAGI AND ACQUIT THE ACCUSED. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) The learned counsels for the respective parties have filed an application for compromise under Section 320 read with Section 528 of BNSS, 2023 along with the joint memo. 2. The application filed by the petitioner contained four paragraphs. Out of these paragraphs, the relevant paragraphs are 2 to 4, which read as under: “2. That both parties, due to some misunderstanding arose therein, the parties to this amicably settled the matter, in respect of criminal case in Crl Revision Petition No.200039/2024 (Criminal Case No.853/2021). - 3 - NC: 2025:KHC-K:2396 CRL.RP No. 200039 of 2024 3. Now, the above matter is settled out of court and the respondent/Complainant is not willing to proceed with the above case. 4. That, the parties have filed a compromise petition, they have compounded the offences punishable U/s. 138 of NI Act, thus the petition be kindly allowed.” 3. The joint memo filed by the parties contained two paragraphs. Out of which, the relevant paragraph is paragraph No.1 which reads as under: “That, at the intervention of the elders of the parties, the revision petitioner and respondent have settled the above case by DD.No.001294 dated 17/04/2025 of HDFC Bank sum of Rs.7,00,000/- and remaining amount of Rs.3,00,000/- deposited in the trial court will be withdrawn by the respondent and they have no interest to proceed with the case mentioned in the petition.” 4. On careful reading of the averments of the application and joint memo, I am of the considered opinion that there is no embargo on this Court to record the - 4 - NC: 2025:KHC-K:2396 CRL.RP No. 200039 of 2024 compromise, as offence punishable under Section 138 of the N.I. Act is compoundable in nature and as the parties have settled the matter amicably. 5. The parties, who are present before this Court are identified by their respective advocates. 6. Therefore, I proceed to pass the following: ORDER a) The Criminal Revision Petition is allowed in terms of the compromise. b) The judgment of conviction and order of sentence dated 15.04.2023 passed in C.C.No.853/2021 by the Principal Civil Judge and JMFC, Kalaburagi and the judgment dated 07.02.2024 passed in Criminal Appeal No.67/2023 by the I- Additional District and Sessions Judge, Kalaburagi, are set aside. c) The petitioner is acquitted of the offence punishable under Section 138 of the N.I.Act. - 5 - NC: 2025:KHC-K:2396 CRL.RP No. 200039 of 2024 d) The Trial Court is directed to release the amount in favour of the complainant on proper identification, after producing a copy of this order, forthwith. Sd/- (S RACHAIAH) JUDGE NB List No.: 1 Sl No.: 42 CT:PK