- 1 - HC-KAR NC: 2026:KHC:12735 CRL.RP No. 1085 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 1085 OF 2021 (397(Cr.PC) / 438(BNSS) BETWEEN: MR VIKRAM ACHARYA S/O MR SUNDARA ACHARYA, AGED ABOUT 40 YEARS, CHETHAN NILAYA, BALKUNJAR, DARKAS HOUSE, HERMUNDE VILLAGE AND POST, KARKALA TALUK – 574 101, UDUPI DISTRICT …PETITIONER (BY SRI. K SHASHIKANTH PRASAD, ADVOCATE) AND: MR MADHAVA SHENOY S/O LATE GANPATHI SHENOY, AGED 52 YEARS, SHENOY NIVAS, MUDAR VILLAGE, POST BAJAGOLI, KARKALATALUK 574122, UDUPI DISTRICT …RESPONDENT (BY SRI S.K.LAKSHMI NARAYANA, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT PASSED IN CRL.A.No.60/2015 DATED 13.08.2021 ON THE FILE OF PRL.DISTRICT AND SESSIONS JUDGE, UDUPI AND THE JUDGMENT DATED 28.08.2015 PASSED BY THE COURT OF THE II CIVIL JUDGE AND JMFC, KARKALA IN Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12735 CRL.RP No. 1085 of 2021 C.C.No.191/2012 AND THEREBY REV.PETITIONER/ACCUSED WAS ACQUITTED FROM THE OFFENCE UNDER SECTION 138 OF THE N.I ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Sri K. Shashikanth Prasad, learned counsel for the revision petitioner after addressing the arguments for sometime files a memo which reads as under: “MEMO FOR UNDERTAKING The counsel for the Petitioner submits that, 1. The petitioner herein has convicted for the offences punishable under Sec. 138 of Negotiable Instrument Act and sentenced to pay a fine of Rs.1,50,000/-. Further, out of the said fine amount Rs.1,47,000/- shall be paid to the Complainant as compensation in accordance with Sec.357 of Cr.P.C. and Rs. 3000/- shall be confiscated to the State. confiscated 2. The Petitioner has already deposited an amount of Rs. 70,000/- before the Learned II Addl. Civil Judge & JMFC Court at Karkala in C.C. No. 191/2012. The Petitioner is hereby undertakes to pay an amount of Rs. 40,000/- (Rupees Forty Thousand only) on or before - 3 - HC-KAR NC: 2026:KHC:12735 CRL.RP No. 1085 of 2021 25-03-2026 and balance amount of Rs. 37,000/- (Rupees Thirty Seven Thousand only) on or before 25-04-2026. Hence, this memo may be taken on record in the interest of justice.” 2. None appears for the respondent/complainant. 3. Taking note of the attendant facts and circumstances of the case, Placing the memo on record, petition stands disposed of. 4. It is made clear that if the amount of compensation as agreed in the memo is not paid, then the revision petitioner shall undergo imprisonment as ordered by the Trial Court. 5. Amount in deposit is ordered to be withdrawn by the complainant/respondent under due identification. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 43