MR K M SHAREEF S/O KHADAR v. MR MUKUND S/O SHANIYAR NAIK
CRL.RP/100382/2024 · 2026-02-09
V Srishananda
Criminal Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 197 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 197 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:1895 CRL.RP No. 100380 of 2024 C/W CRL.RP No. 100382 of 2024
IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100380 OF 2024 (397(CR.PC)/438(BNSS)) C/W CRIMINAL REVISION PETITION NO. 100382 OF 2024
IN CRL.RP NO. 100380/2024 BETWEEN:
MR. K.M. SHAREEF S/O KHADAR AGE 42 YEARS, OCC. BUSINESS NOW AT R/O. GANESH NAGAR, PURAVARGA, BHATKAL UTTARA KANNADA. …PETITIONER (BY SRI. SURESH N. KINI, ADVOCATE)
AND:
1.
MR. MUKUND S/O SHANIYAR NAIK AGE ABOUT 42 YEARS, OCC. BUSINESS R/O. MAVINAKURVE, BUNDAR, BHATKAL, UTTARA KANNADA 58335.
2.
THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR HON'BLE HIGH COURT OF KARNATAKA DHARWAD BENCH 580011. …RESPONDENTS (BY SRI. D.J. NAIK, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C. (438 R/W 442 OF BNSS), SEEKING TO ALLOW THIS REVISION PETITION AND SET ASIDE THE JUDGMENT DATED 28.02.2024 PASSED IN CRIMINAL APPEAL NO.56/2017 BY THE COURT OF II ADDL.DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR, CONFIRMING THE
JUDGMENT DATED 28.09.2017 IN CC NO.579/2015 PASSED BY THE COURT OF PRL.
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2026.02.11 15:04:17 +0530
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HC-KAR NC: 2026:KHC-D:1895 CRL.RP No. 100380 of 2024 C/W CRL.RP No. 100382 of 2024
CIVIL JUDGE AND JMFC, BHATKAL AND CONSEQUENTLY ACQUIT THE ACCUSED/PETITIONER OF ALL THE CHARGES. OFFENCE P/U/SEC.
138 OF NI ACT, IN THE INTEREST OF JUSTICE.
IN CRL.RP NO. 100382/2024 BETWEEN:
MR K.M. SHAREEF S/O KHADAR AGE 42 YEARS, OCC. BUSINESS NOW AT R/O. GANESH NAGAR, PURAVARGA, BHATKAL UTTARA KANNADA. ...PETITIONER (BY SRI. SURESH N. KINI, ADVOCATE)
AND:
1.
MR. MUKUND S/O SHANIYAR NAIK AGE ABOUT 42 YEARS, OCC. BUSINESS R/O. MAVINAKURVE, BUNDAR, BHATKAL UTTARA KANNADAN 58335.
2.
THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR HON'BLE HIGH COURT OF KARNATAKA DHARWAD BENCH 580011. ...RESPONDENTS (BY SRI. D.J. NAIK, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C. (438 R/W 442 OF BNSS), SEEKING TO ALLOW THIS REVISION PETITION AND SET ASIDE THE JUDGMENT DATED 27.04.2024 PASSED IN CRIMINAL APPEAL NO.58/2017 BY THE COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR, CONFIRMING THE JUDGMENT DATED 28.09.2017 IN CC NO.581/2015 PASSED BY THE COURT OF PRL. CIVIL JUDGE AND JMFC, BHATKAL, AND CONSEQUENTLY ACQUIT THE ACCUSED/PETITIONER OF ALL THE CHARGES OFFENCE P/U/SEC 138 OF NI ACT, IN THE INTEREST OF JUSTICE.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC-D:1895 CRL.RP No. 100380 of 2024 C/W CRL.RP No. 100382 of 2024
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Parties are present along with their respective counsels.
2. They have filed and presented a compromise petition under Section 147 of the Negotiable Instruments Act, read with Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
“The petitioner and respondent herein humbly submit as follows.
1. The above criminal revision petition filed by the Accused/petitioner herein against the Judgment and
order of Criminal Appeal No.56/2017 dated 28-2-2024 passed by II Additional District And Sessions Judge, Uttarkannada Karwar confirming the conviction order dated 28-09-2017 passed by the Trial court JMFC, Bhatkal in C.C.No.579/2015 punishable under Section 138 of N.I.Act the Appeal court modified the sentence to pay file amount Rs.2,50,000/ and in default to undergo sentence of six months.
2. It is submitted that petitioner issued cheque of Rs. 1,25,000/bearing No.743431 and No.743432 dated 10- 05-2015 and 11-02-2015 .and now the petitioner agreed to pay the balance amount of Rs.1,25,000/on or before 02-05-2026 to the respondent on this terms compromise occurred between the parties.
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HC-KAR NC: 2026:KHC-D:1895 CRL.RP No. 100380 of 2024 C/W CRL.RP No. 100382 of 2024
3. It is submitted that the petitioner deposited 50% of the fine amount before the trial court i.e Rs. 62500/ on 03- 11-2017 before the Civil Judge And JMFC Bhatkal, And again the petitioner deposited Rs. 62500/on 03-11-2017 before the Civil Judge And JMFC Bhatkal, total 1,25,000/ is deposited before the trial court, hence the respondent may kindly permitted to withdraw the said amount. Wherefore it is most humbly prayed that the above Compromise kindly be accept and set aside the Judgment and
order dated 28-02-2024 passed in Crl. A.No.56/2017 by the II Additional District And Sessions Judge Uttarkannada Karwar And the order dated 28-09-2017 in C.C No.579/2015 passed by the JMFC, Bhatkal to meet the ends of Justice and equity.
3. Placing the compromise petition on record, the petition stands disposed of in terms of the compromise.
Sd/- (V.SRISHANANDA) JUDGE
RHR/-Ct-cmu LIST NO.: 1 SL NO.: 105