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2026 DAILYLAW 53339 (KAR)

SRI. BHAURAJ S/OMALLAPPA BALAGAR v. SRI. GURUNATH S/O SIDARAY PATTAR

CRL.RP/100351/2024 · 2026-01-31

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1279 CRL.RP No. 100351 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100351 OF 2024 (397(CR.PC)/438(BNSS)) BETWEEN: SRI. BHAURAJ S/O MALLAPPA BALAGAR AGE. 40 YEARS, OCC. BUSINESS, R/AT. SAVALAGI, TQ.JAMAKHANDI, DIST.BAGALKOT 587330. …PETITIONER (BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE) AND: SRI. GURUNATH S/O SIDARAY PATTAR, AGE. 60 YEARS, OCC. BUSINESS AND AGRICULTURE, R/AT. CHIKKALAKI TQ.JAMAKHANDI, DIST.BAGALKOT 587301. …RESPONDENT (BY SRI. SRINAND A. PACHHAPURE AND SRI. RAJENDRA R. PATIL, ADVOCATES) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. (438 R/W 442 OF BNSS) PRAYING TO SET ASIDE THE ORDER PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE BAGALAKOTE SITTING AT JAMKHANDI PASSED IN CRI. APPEAL NO. 5019/2024 DATED 22.08.2024, AND THE ORDER PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, JAMKHANDI PASSED IN C.C. NO. 11/2019 DATED 27.03.2024 AND ACQUIT THE PETITIONER FOR THE OFFENCE P/U/SEC. 138 OF NI ACT BY ALLOWING THE PRESENT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL REVISION PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.04 16:17:34 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1279 CRL.RP No. 100351 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) After addressing the arguments for some time, learned counsel for the petitioner has filed a memo. Memo reads as under: “The petitioner submits as follows: It is submitted that pending disposal of this petition, the petitioner herein, undertakes to settle the lis amicably for the cheque amount of Rs.9,90,000/-. It is submitted that, petitioner has already deposited the sum of Rs.4,97,500/- before the Court below hence the petitioner undertakes to deposit the remaining amount of Rs.4,92,500/- within the period of four months i.e., on or before May 30th, 2026. Hence this memo.” Learned counsel for respondent has signed the memo. Placing the memo on record, petition stands disposed of. Imposition of Rs.5,000/- by the learned Trial Magistrate towards the defraying expenses of the State is hereby set aside in view of the fact that lis is privy to the parties and no State machinery is involved. - 3 - HC-KAR NC: 2026:KHC-D:1279 CRL.RP No. 100351 of 2024 It is made clear that if the amount as agreed, if not paid by the petitioner, respondent is at liberty to execute the impugned order. Amount in deposit is ordered to be withdrawn by the complainant under due identification. Sd/- (V.SRISHANANDA) JUDGE KAV CT:CMU LIST NO.: 1 SL NO.: 10