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.100142 OF 2018 (397(Cr.PC)/438(BNSS))

BETWEEN:

RIYAZAHAMAD S/O. IMAMASAB BASUR, AGE: 41 YEARS, OCC. BUSINESS AND AGRICULTURE, R/O. MATTUR, TQ. BYADAGI, DIST. HAVERI.

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

AND:

PRANALINGA M. CHURI AGE: 53 YEARS, OCC. BUSINESS, R/O. CHOWDESHWARI BADAVANE, MEDLERI ROAD, RANEBENNUR, TQ. RANEBENNUR, DIST. HAVERI.

…RESPONDENT Digitally (BY SRI. N. P. VIVEKMEHTA, ADVOCATE)

signed by V N BADIGER Location:

V N H Ka ig rn h a C ta o k u a r , t of BADIGERD Be h n a c rw h a d THIS CRIMINAL REVISION PETITION IS FILED UNDER Date:

2025.04.24 SECTION 397(1) R/W. 401 OF CR.P.C. SEEKING TO SET ASIDE THE

14:34:46 +0530 JUDGMENT PASSED BY THE HON’BLE II-ADDL. DIST. & SESSIONS JUDGE AT HAVERI SITTING AT RANEBENNUR IN CRL.A.NO.108/2015 DATED 09.05.2018 BE SET ASIDE AND SET ASIDE THE JUDGMENT PASSED BY THE ADDL. CIVIL JUDGE & II-ADDL. JMFC COURT, RANEBENNUR IN C.C.NO.981/2011 DATED 18.11.2015 FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NI ACT, BY ALLOWING THIS REVISION PETITION, BY ACQUITTING THE PETITIONER FOR THE ALL THE CHARGES LEVELED.

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

ORAL ORDER

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

1. Parties and their respective advocates are present before this Court.

2. Learned counsel for the revision petitioner files a memo. Memo reads as under:

“Herein the Appellant and Respondent jointly submit this joint memo as under;

1. It is submitted that the Trail Court has convicted the petitioner herein for the offense punishable U/s 138 of NI Act in CC No. 981/2011 and sentenced to pay an amount of Rs. 2,60,000/- out of which Rs. 2,55,000/- to be paid to the respondent/complainant and Rs.5000/- to be paid to the state.

2. Challenging the same the petitioner herein has filed Crl. Appeal No.108/2015 before the First Appellate Court and the First Appellate dismissed same by confirming the order passed by the Trail Court.

3. Being aggrived by the same the petitioner has filed the top noted petition befoe this Hon'ble Court. While suspension of Sentence the petitioner has deposited Rs.1,30,000/-

before this Hon'ble Court on 19/06/2019.

4. Now the parties are agreed to settle the matter. The petitioner has agreed to pay an amount of Rs. 120,000/-to the respondent and the respondent has agreed to receive the said amount and agreed to settle the matter. Therefore this Hon'ble Court may kindly be allow the this Revision petition and acquit the petitioner in C.C. No. 981/2011 dated 18/11/2015 passed by the Addl.Civil Judge and II Addl. JMFC, Ranebennur and the same is confirmed by II Addl. District and Sessions Judge At Haveri Sitting at Ranebennur in Crl Appeal No. 108/2015 dated 09/05/2018 in the interest of Justice.

Hence this joint memo.”

3. Placing the memo on record, the revision petition stands disposed off

4. Sum of Rs.1,20,000/- is tendered by the revision petitioner to the respondent and the same is acknowledged in the order sheet.

5. Amount deposited in sum of Rs.1,30,000/- is ordered to be withdrawn by the complainant under due deification.

6. In view of the settlement of compensation amount, fine amount of Rs.3,000/- imposed by the trial Magistrate and confirmed by the First Appellate Court stands set aside.

SD/-

(V.SRISHANANDA)

JUDGE AC CT:PA List No.: 2 Sl No.: 40