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2026 DAILYLAW 52293 (KAR)

SRI MOHAMMAD ALTAF ABDUL REHAMAN v. NARENDRA VASUDEV KAMAT

CRL.RP/100002/2026 · 2026-01-19

V Srishananda

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC-D:498 CRL.RP No. 100002 of 2026 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100002 OF 2026 (397(CR.PC)/438(BNSS)) BETWEEN: SRI MOHAMMAD ALTAF ABDUL REHAMAN AGED ABOUT 46 YEARS, OCC. DRIVER R/AT: KARKI NADUCHITTE HONAVAR TALUK, UTTARA KANNADA DIST. 581423. …PETITIONER (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE FOR SRI. SURESH S. BHAT, ADVOCATE) AND: NARENDRA VASUDEV KAMAT AGE 60 YEARS, OCC. BUSINESS, R/AT: BAZAAR ROAD, HONAVAR TOWN AND TALUK, UTTARA KANNADA DISTRICT 581 423. …RESPONDENT (BY SRI. GANAPATI M. BHAT, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC.438 R/W SEC 442 OF BNSS, 2023 PRAYING TO ACQUIT THE PETITIONER BY SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION IN CRIMINAL APPEAL NO.38/2025 BY ITS ORDER DATED 28.07.2025, ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, KARWAR, UTTARA KANNADA WHICH HAS CONFIRMED THE JUDGMENT OF CONVICTION PASSED BY THE COURT OF CIVIL JUDGE AND JMFC, HONAVAR IN C.C.NO.995/2023 DAED 05.10.2024 BY CONVICTING THE PETITIONER FOR THE OFFENCE P/U/SEC. 138 OF NI ACT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:498 CRL.RP No. 100002 of 2026 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) A memo is filed by learned counsel for the petitioner. Learned counsel for the respondent has endorsed no objection on the said memo. Memo reads as under: “The petitioner herein humbly submits that as per the compromise, the petitioner paid the entire cheque amount along with compensation at Rs.85,000/- (Eight Five Thousand) to the respondent/complainant through RTGS. The receipt and acknowledgements are produced herewith. It may be taken on record in the interest of justice.” Placing the memo on record, petition stands disposed of. In view of the payment of entire compensation amount, fine amount of Rs.5,000/- imposed by the learned Trial Magistrate confirmed by the First Appellate Court towards defraying expenses of the State stands set aside and if already deposited before the Trial Court, petitioner/accused is entitled for refund of the same as no State machinery is involved. Sd/- (V.SRISHANANDA) JUDGE KAV CT-CMU/LIST NO.: 2 SL NO.: 15