IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100091 OF 2023 (397(Cr.PC)/438(BNSS))

BETWEEN:

SHRI UDAY SHRIPAD VERNEKAR AGE: 56 YEARS, OCC. NIL, R/O. SADASHIVGHAD, KARWAR-581352.

…PETITIONER (BY SRI. SHARAD M. PATIL, ADVOCATE)

AND:

1. SHRI RAMANATH S/O. VISHNU RAIKAR, AGE: MAJOR, OCC. BUSINESS, R/O. NEAR GEETANJALI TALKIES, KARWAR BY HIS LR., SMT. SITABAI W/O. RAMANATH RAIKAR, AGE: 69 YEARS, OCC. HOUSEHOLD WORK, R/O. KAIKINI ROAD, HABBUWADA, KARWAR.

MALLIKARJUN RUDRAYYA KALMATH

2. THE STATE Digitally signed by MALLIKARJUN RUDRAYYA KALMATH REPRESENTED BY PUBLIC PROSECUTOR, Location: High Court of Karnataka, Dharwad Bench D + a 0 t 5 e 3 : 0 2025.04.22 14:44:04 UTTARA KANNADA, KARWAR.

…RESPONDENTS (BY SRI. S.R. HEGDE, ADVOCATE FOR R1;

SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R2)

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. 1973, SEEKING TO CALL FOR RECORDS OF THE CASE BEARING C.C. NO. 18/2012 FROM THE COURT OF THE ADDL. JMFC, KARWAR AND THE RECORDS OF CRIMINAL APPEAL NO. 12/2019 FROM THE COURT OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR AND ALLOW THE PRESENT REVISION PETITION AND SET ASIDE THE JUDGMENT DATED 02.07.2022 IN CRIMINAL APPEAL NO. 12/2019 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR CONFIRMING THE JUDGMENT DATED 10.12.2018 PASSED BY THE ADDL. JMFC, KARWAR IN C.C.NO. 18/2012 FOR OFFENCE UNDER SECTION 138 OF NI ACT AND SET THE PETITIONER/ACCUSED AT LIBERTY.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

Parties are present before the Court.

A joint memo is filed reporting the settlement.

Joint memo reads as under:

“1 The revision petitioner has challenged the judgment dated 02/07/2022 in Criminal Appeal No. 12/2019 passed by the II Addl District and Sessions Judge, Uttara Kannada, Karwar confirming the judgement dated 10/12/2018 passed by the Addl JMFC, Karwar in C.C. No. 18/2012 for offence under Section

138 of NI Act.

2 During the pendency of the petition, the petitioner and respondent have amicable settle the dispute and the revision petitioner has deposited Rs. 1,37,500 before the trail court and the petitioner is paying Rs.20,000/-

towards final payment to settle the matter. Total amount of Rs 1,77,500/- is paid by the Rev Petitioner to the respondent. The Rev Petitioner has given cheque of Rs. 20,000/- o the Respondent. The Respondent shall withdraw the amount after 6 months.

3 The respondent shall withdraw the amount deposited before the trail court.

4 The petition may kindly be disposed as compromised by filing joint memo and the judgment of conviction passed by the Courts below may kindly be set aside, in the interest of justice.”

Pursuant to the joint memo, a sum of Rs.20,000/- is tendered by the revision petitioner to the first respondent.

Same is acknowledged in the order sheet.

Placing the joint memo on record, revision petition stands disposed of.

It is made clear that agreed compensation if not paid as per the joint memo, the order of the Trial Magistrate confirmed by the First Appellate Court stands restored automatically.

After the payment of compensation amount, the fine amount of Rs.5,000/- ordered by the Trial Magistrate confirmed by the First Appellate Court towards the defraying expenses of the State is set aside.

The amount in deposit is ordered to be withdrawn by the complainant under due identification.

Sd/-

(V.SRISHANANDA)

JUDGE NAA CT:PA List No.: 2 Sl No.: 12