- 1 - HC-KAR NC: 2026:KHC-D:2163 CRL.RP No. 100108 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100108 OF 2021 (397(CR.PC)/438(BNSS)) BETWEEN: JAGADEESH S. HIREMATH AGE. 54 YEARS, OCC. BUSINESS, R/O. HI TECH MEDICAL AND HI- TECH SURGICALS, CHETANA COMPLEX, KIMS MAIN GATE, VIDYANAGAR, HUBBALLI, DHARWAD-580031. …PETITIONER (BY MISS. VAISHALI K. KALADAGI, ADVOCATE FOR SRI. S.S. BADAWADAGI, ADVOCATE) AND: BASAVARAJ COMPLAINT S/O KALAKAPPA MARAD AGE. 48 YEARS, OCC. BUSINESS, R/O. SAI NAGAR, UNAKAL, HUBBALLI. …RESPONDENT (BY SRI. H.N. GULARADDI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT DATED 14.12.2020 PASSED BY THE I-ADDL. PRL. FAMILY COURT, GADAG IN CRL.A.NO..43/2019 AND THE JUDGMENT AND CONVICTION ORDER DATED 03.06.2019 PASSED BY THE I-ADDL. CIVIL JUDGE AND JMFC COURT, GADAG IN C.C.NO.2583/2017 AND CONSEQUENTLY TO DISMISS THE C.C.NO.2583/2017 FILED BY THE RESPONDENT ON THE FILE OF THE I-ADDL. CIVIL JUDGE AND JMFC COURT, GADAG, FOR THE OFFENCES P/U/S 138 OF NI ACT, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.17 16:59:28 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2163 CRL.RP No. 100108 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Learned counsel for the petitioner has filed a memo. The memo reads as under: “JOINT MEMO It is submitted that, the above petition is filed challenging the order dated: 14.12.2020, passed by the Ist Addl. Prl. Family Court Gadag, in Crl. Apl 43/2019 were by confirmed the judgment and conviction dated: 03.06.2019 passed by the Ist Addl. JMFC, Gadag in CC No. 2583/2017 wherein the Crl. R. Petitioner convicted for the offences punishable U/s 138 of NI Act and imposed fine of Rs. 6,05,000/- in default of simple imprisonment of 6 months, during the pendency of above case the petitioner has deposited Rs. 1,50,000/- before the Trial Court. Now the petitioner/accused and respondent/complainant have agreed to resolve the dispute amicably out of the court and the petitioner has agreed to pay sum of Rs. 5,00,000/- as full and final settlement instead of Rs. 6,05,000/-. The petitioner is giving 3,00,000/- Rupees DD bearing No. 504716 drawn in SBI Hubli. in favour of respondent, Rs. 1,50,000/- deposited before the court below and remaining Rs. 50,000/- +25000/- will be paid to respondent herein on or before 31-05-2026. Hence this joint memo. It is hereby prayed that, this Hon'ble Court be please to take memo on record and - 3 - HC-KAR NC: 2026:KHC-D:2163 CRL.RP No. 100108 of 2021 acquit the Crl. R. Petitioner for the offences punishable U/s 138 of NI Act, in the interest of justice and equity.” 2. Placing the Joint Memo on record, the petition stands disposed of. 3. It is made clear that if the amount agreed upon is not paid, the petitioner shall undergo the sentence of imprisonment as ordered by the learned Trial Magistrate and confirmed by the First Appellate Court. 4. A sum of Rs.3,00,000/- by way of Demand Draft has been furnished by the petitioner to the respondent, and the same is acknowledged. 5. The amount in deposit, if any, is permitted to be withdrawn by the complainant under due identification and in accordance with law Sd/- (V.SRISHANANDA) JUDGE AC, CT:CMU LIST NO.: 1 SL NO.: 130