- 1 - HC-KAR NC: 2026:KHC-D:710 CRL.RP No. 100165 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION No.100165 OF 2025 (397(CR.PC)/438(BNSS)) BETWEEN: SRI. APPASAB S/O SADASHIV MOKASHI AGE. 51 YEARS, OCC. AGRICULTURE R/O. BYADARHATTI, TQ. ATHANI DIST. BELAGAVI-591304. …PETITIONER (BY SRI. RAMACHANDRA A. MALI, ADVOCATE) AND: SRI MALKARI S/O GANGAPPA MALI AGE. 57 YEARS, OCC. AGRICULTURE R/O. CHAMAKERI, TQ. ATHANI DIST. BELAGAVI-591304. …RESPONDENT (BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC.438 R/W 442 OF BNSS, 2023 (SECTION 397 R/W. SEC. 401 OF CR.P.C.) PRAYING TO CALL FOR THE RECORDS IN C.C.NO.317/2016 ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC., ATHANI AND ALSO THE RECORDS IN CRIMINAL APPEAL NO.10053/2024 ON THE FILE OF XI ADDL. SESSIONS JUDGE, BELAGAVI SITTING AT ATHANI AND SET ASIDE THE JUDGMENT /ORDER OF CONVICTION AND SENTENCE DATED 26.10.2024 MADE IN C..C NO. 317/2016 PASSED BY THE I ADDL. CIVIL JUDGE AND JMFC., ATHANI FOR THE OFFENCE P/U/S 138 N.I. ACT AND ALSO THE JUDGMENT AND ORDER CONFIRMING THE CONVICTION AND SENTENCE DATED 28.02.2025 MADE IN CRIMINAL APPEAL NO.10053/2024 PASSED BY THE XI ADDL. SESSIONS JUDGE, BELAGAVI SITTING AT ATHANI AS THE SAME BEING NOT SUSTAINABLE IN LAW. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2026.01.27 12:58:59 +0530 - 2 - HC-KAR NC: 2026:KHC-D:710 CRL.RP No. 100165 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) I.A.No.1/2025 stands disposed of in view of the memo filed by learned counsel for the petitioner, on which, there is an endorsement ‘no objection’. 2. Learned counsel for the petitioner has filed the memo signed by the petitioner and his counsel. The memo reads as under: “The petitioner above named submits as under :- That the petitioner has filed the above petition challenging the judgment/order dtd. 26-10-2024 made in C.C. No. 317/2016 passed by the I Addl. Civil Judge & JMFC Athani and the judgment /order of conviction and sentence dtd. 28-02-2025 made in Criminal Appeal No. 10053/2024 passed by the XI ADDL. Sessions Judge Belagavi sitting at Athani wherein the Learned First Appellate Court while confirming the order of conviction passed by the Trial Court convicting the petitioner for the offence punishable u/sec. 138 of N.I. Act, sentenced the petitioner to pay fine of Rs. 5,05,000/- and in default of payment of fine amount, sentenced the petitioner to undergo simple imprisonment for 6 months and further directed that out of fine amount deposited by the petitioner Rs. 5,00,000/- to be paid to the complainant as compensation and remaining Rs. 5,000/- to the state towards fine. - 3 - HC-KAR NC: 2026:KHC-D:710 CRL.RP No. 100165 of 2025 1. That the petitioner hereby undertakes to pay the cheque/compensation amount of Rs. 5,00,000/- to the complainant respondent in four equal monthly installments as follows :- 1. Rs. 1,25,000/- on or before 25th of Feb. 2026 ii. Rs. 1,25,000/- on or before 25th of March 2026 Rs. 1,25,000/- on or before 25th April 2026 iv. Rs. 1,25,000/- on or before 25th May 2026. Hence this Hon'ble Court may be pleased to pass appropriate orders accepting the above memo and enlarge the petitioner on bail by suspending the sentence dtd. 28-02-2025 made in Criminal Appeal No. 10053/2024 passed by the XI ADDL. Sessions Judge Belagavi sitting at Athani in the interest of the justice.” 3. Placing the memo on record, Revision petition stands disposed of. 4. It is made clear that if the amount as agreed in the memo is not paid, respondent is at liberty to execute the Order, in accordance with law. Sd/- (V.SRISHANANDA) JUDGE kcm CT-CMU LIST NO.: 2 SL NO.: 13