- 1 - HC-KAR NC: 2026:KHC-D:278 CRL.RP No. 100111 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100111 OF 2025 (397(CR.PC)/438(BNSS)) BETWEEN: SRI. DAMODHARAN AGED 70 YEARS, SON OF LATE PONGIANNA GOUNDER PROPRIETOR OF MAHALAKSHMI MILL, 23, SRI DURGALAKSHMI BUILDING, BHAVANI MAIN ROAD, SURIPALYAM, ERODE-638005 (TAMIL NAADU). …PETITIONER (BY SRI. M.K. VENKATRAMANA, ADVOCATE) AND: SRI. R. JINENDRA KUMAR AGED ABOUT 56 YEARS, SON OF RATHANCHAND, MERCHANT PROPRIETOR M/S. JINENDRA TRADING COMPANY, R/O. KOTTUR TOWN-583134, KUDLIGI TALUK, VIJAYANAGARA DISTRICT. …RESPONDENT (BY SRI. G.S. MOT, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S 438 AND 442 OF BNSS (397 R/W 401 OF CR.P.C.), PRAYING TO CALL FOR RECORDS IN CRIMINAL APPEAL NO.5039/2014 ON THE FILE OF THE THIRD ADDL.DISTRICT AND SESSIONS JUDGE, BALLARI (SITTING AT HOSAPETE), AND CALL FOR RECORDS IN CC NO.228/2001 ON THE FILE OF THE CIVIL JUDGE AND JMFC, KUDLIGI, BALLARI DISTRICT, AND TO SET-ASIDE THE JUDGMENT DATED 21.12.2024 PASSED IN CRIMINAL APPEAL NO.5039/2014 BY THE THIRD ADDL.DISTRICT AND SESSIONS JUDGE, BALLARI (SITTING AT HOSAPETE) AND TO SET- Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:278 CRL.RP No. 100111 of 2025 ASIDE THE JUDGMENT/ORDER OF CONVICTION DATED 29.12.2012 PASSED IN CC NO.228/2001 BY THE CIVIL JUDGE AND JMFC, KUDLIGI, BALLARI DISTRICT, BY ALLOWING THE ABOVE REVISION PETITION BY ACQUITTING THE PETITIONER FOR THE OFFENCE P/U/SEC. 138 OF NI ACT AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) After addressing the arguments for sometime, a memo came to be filed by the learned counsel for petitioner. 2. Learned counsel for respondent Sri Gourishankar Mot has endorsed no objection on the said memo. 3. The memo filed by the petitioner reads as under: “The undersigned counsel for petitioner herewith agrees/undertakes to pay Rs.5,75,000/- which excludes Trial Court deposit a sum of Rs.5,00,000/- on 12.06.2018, being full and final settlement against the conviction order of fine amount of Rs.11,97,000/- are as under: 1. Rs.1,50,000/- to be payable on or before 31.01.2026. 2. Rs.1,50,000/- to be payable on or before 28.02.2026. 3. Rs.1,50,000/- to be payable on or before 31.03.2026. 4. Rs.1,25,000/- to be payable on or before 30.04.2026. - 3 - HC-KAR NC: 2026:KHC-D:278 CRL.RP No. 100111 of 2025 Rs.5,75,000+5,00,000/- (T.C.deposit)= 10,75,000/-. The petitioner prays for A/c details of respondent to remit the abovesaid payment.” 4. Placing the memo on record, the following order is passed. ORDER i. Criminal revision petition stands disposed of. ii. Amount in deposit with accrued interest, if any shall be withdrawn by the respondent- complainant under due identification. iii. After payment of the last instalment of ₹1,25,000/-, the entire fine amount would be satisfied in a sum of ₹10,75,000/- as agreed as against ₹11,97,000/- confirmed by the First Appellate Court. iv. If the revision petitioner fails to adhere to the above terms and commits default in payment of any one of the instalments, entire amount - 4 - HC-KAR NC: 2026:KHC-D:278 CRL.RP No. 100111 of 2025 of ₹11,97,000/- shall be paid by the revision petitioner. v. Account number and IFSC Code is furnished by the counsel for the respondent. vi. The amount shall be remitted to the said account directly through bank transfer. Sd/- (V.SRISHANANDA) JUDGE CLK CT-CMU LIST NO.: 2 SL NO.: 54