Karnataka High Court
Shri Sandeep R Revankar S/O Raghunath ... vs Shri Bhushan S Kadam S/O Late Shivanand ... on 21 August, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:10654
CRL.RP No. 100394 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 100394 OF 2024
(397(CR.PC)/438(BNSS))
BETWEEN:
SHRI SANDEEP R. REVANKAR
S/O RAGHUNATH REVANKAR,
AGED 42 YEARS, OCC. GOLDSMITH,
R/O. MAJALI, KARWAR-581 301,
UTTARA KANNADA DISTRICT.
... PETITIONER
(BY SRI. D.M. MALLI, ADVOCATE)
AND:
SHRI BHUSHAN S. KADAM
S/O LATE SHIVANAND KADAM,
AGE ABOUT 51 YEARS, OCC. BUSINESS,
R/O. SANNAMUDGERI, KARWAR,
REPRESENTED BY HIS G.P.A. HOLDER,
ANIL DATTA DESAI, AGED 45 YEARS,
OCC. BUSINESS, R/O. SANNAMUDGERI,
KARWAR-581 360, DIST. UTTARA KANNADA.
... RESPONDENT
(BY SRI. PRAVEEN P. TARIKAR, ADVOCATE)
Digitally signed
by RAKESH S THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION
RAKESH HARIHAR
397 R/W 401 OF CR.P.C. (UNDER SECTION 438 R/W 442 OF BNSS),
Location: HIGH
S
HARIHAR
COURT OF
KARNATAKA
PRAYING TO CALL FOR RECORDS IN CRIMINAL APPEAL NO.19/2019
DHARWAD
BENCH
ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE
UTTARA KANNADA, KARWAR AND IN C.C. NO.7/2013 ON THE FILE OF
JMFC 2ND COURT KARWAR AT: KARWAR AND TO SET ASIDE THE
IMPUGNED JUDGMENT ORDER DATED 24.07.2024 IN CRIMINAL
APPEAL NO.19/2019 ON THE FILE OF THE II ADDL. DISTRICT AND
SESSION JUDGE UTTARA KANNADA KARWAR AND IN C.C. NO.7/2013
DATED 24.12.2018 ON THE FILE JMFC 2ND COURT KARWAR AT:
KARWAR FOR OFFENCE UNDER SECTION 138 OF N.I. ACT,
SENTENCING TO PAY RS. 20,00,000/- IN DEFAULT PETITIONER SHALL
UNDER GO SIMPLE IMPRISONMENT FOR A PERIOD OF 6 MONTHS. OUT
OF 20,00,000/- COMPLAINANT IS ENTITLED FOR RS.19,90,000/-
TOWARDS COMPENSATION AMOUNT AND REMAINING FINE AMOUNT
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CRL.RP No. 100394 of 2024
HC-KAR
OF RS.10,000/- TO THE STATE, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS
MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
This Criminal Revision Petition under Section 397 read
with Section 401 of Cr.P.C. is filed by the accused assailing
the judgment and order of conviction and sentence passed
by the Court of JMFC 2nd Court, Karwar, in C.C. No.7 of
2013 dated 24.12.2018, which is confirmed in Criminal
Appeal No.19 of 2019 by the Court of II Additional District
and Sessions Judge, Uttara Kannada, Karwar, by judgment
and order dated 24.07.2024.
2. Heard the learned counsel for the parties.
3. Learned counsel for the parties jointly submit
that the dispute between the parties has been amicably
settled before the Mediation Centre at Dharwad and joint
memo which is prepared before the Mediation Centre and
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HC-KAR
signed by the parties and their respective advocates is filed
reporting settlement. They submit that in view of the
aforesaid, the judgment and order of conviction and
sentence passed by the Courts below may be set aside and
the petitioner may be acquitted of the offence punishable
under Section 138 of the National Instruments Act.
4. Submissions made by the learned counsels and
the joint memo dated 21.08.2025 is taken on record. In
paragraph Nos.1 to 3 of the joint memo it is stated as
follows:-
"1. The Petitioner is before this Hon'ble Court challenging
the order dated 24-07-2024 passed by the II Addl. District
and Session Judge Uttara Kannada, Karwar, in Criminal
Appeal No.19/2019 confirming the order dated 24-12-2018
in C.C. No.07/2013 passed by the Hon'ble JMFC, 2ND Court,
Karwar convicting the Petitioner for the offence punishable
under section 138 of Negotiable Instrument Act 1881
sentencing to pay Rs.20,00,000/-. In default, he shall
under-go Simple Imprisonment for a period of 6 months.
The complainant is entitled for Rs.19,90,000/-towards
compensation amount.
2. The Petitioner submits that the Petitioner at time of
preferring the Criminal Appeal No.19/2019 before the II
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HC-KAR
Addl. District and Session Judge Uttara Kannada, Karwar
has deposited a sum of Rs 4,00,000/- as the cheque
amount is Rs 16,00,000/-.
3. The Petitioner has now before this Hon'ble Court in the
present Criminal Revision Petition. The Petitioner today
(i.e. 21-08-2025) is paying Rs.3,00,000/- through cash to
the Complainant/ Respondent and the complainant is
ready to accept the same. The Remaining balance amount
of Rs 9,00,000/-(Nine lakhs only) shall be paid within two
month (i.e. on or before 04-11-2025). The complainant
may be permitted to withdraw the deposited amount
(Rs.4,00,000/- Rupees Four Lakhs) before Court below on
due identification. The matter has been settled for cheque
amount (i.e., 16,00,000/-) full and finally.
Wherefore it is prayed to this Hon'ble Court may be
please to accept the joint memo and set aside the
conviction order dated 24-12-2018 in C.C. No.07/2013
passed by the Hon'ble JMFC, 2ND Court, Karwar against the
Petitioner/ accused for the offence punishable under
section 138 of Negotiable Instrument Act 1881 in ends of
justice and equity."
5. In view of the settlement arrived between the
parties, this Criminal Revision Petition deserves to be
allowed. Consequently, the following order:
ORDER
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HC-KAR
(i) The criminal revision petition is allowed.
(ii) The judgment and order of conviction and
sentence passed by the Court of JMFC 2nd
Court, Karwar, in C.C. No.7 of 2013 dated
24.12.2018, which is confirmed in Criminal
Appeal No.19 of 2019 by the Court of II
Additional District and Sessions Judge,
Uttara Kannada, Karwar, by judgment and
order dated 24.07.2024 are set aside, and
the petitioner is acquitted of the offence
punishable under Section 138 of the
Negotiable Instrument Act.
(iii) The complainant-respondent is permitted to
withdraw the amount of Rs.4,00,000/-
deposited by the petitioner before the trial
Court after due identification.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
VMB
CT:BCK
