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Karnataka High Court
Mahesh S/O Sastimappa Alur vs Smt. Shanta W/O Subhaschandra ... on 18 December, 2025
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NC: 2025:KHC-D:18659
CRL.RP No. 100273 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA
AT DHARWAD
DATED THIS THE 18TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.RACHAIAH
CRIMINAL REVISION PETITION NO.100273 OF 2021
(397(Cr.PC)/438(BNSS))
BETWEEN:
MAHESH S/O. SASTIMAPPA ALUR,
AGE. 52 YEARS, OCCUPATION. DRIVER,
R/O. JANTLI-SHIRUR, TQ. MUNDARGI,
DISTRICT. GADAG, PIN CODE-582113.
...PETITIONER
(BY SRI. T.R. PATIL, ADVOCATE)
AND:
Digitally signed
by SAMREEN
AYUB SMT. SHANTA W/O. SUBHASCHANDRA YALABURGI,
DESHNUR AGE. 52 YEARS, OCC. HOUSEHOLD,
Location: HIGH
COURT OF
R/O. JANTLI-SHIRUR, TQ. MUNDARGI,
KARNATAKA DISTRICT GADAG, PIN CODE-582113.
...RESPONDENT
(BY SMT. BHAGYASHREE N.BIKKANNAVAR, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W SECTION 401 OF CR.P.C., PRAYING TO, SET-
ASIDE THE JUDGMENT DATED 23.05.2018 PASSED IN C.C.
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CRL.RP No. 100273 of 2021
HC-KAR
NO.1142/2013 PASSED BY THE COURT OF PRL. CIVIL JUDGE
AND J.M.F.C. HUBBALLI, CONVICTING THE PETITIONER FOR THE
OFFENCES PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE
INSTRUMENTS ACT AND SENTENCING HIM TO UNDERGO SIMPLE
IMPRISONMENT FOR A PERIOD OF SIX MONTHS AND ALSO
LIABLE TO THE PETITIONER PAY FINE OF RS.6,35,000/-
(RUPEES SIX LAKH THIRTY FIVE THOUSAND ONLY) IN THE
EVENT OF FAILURE TO PAY THE ABOVE SAID FINE AMOUNT,
PETITIONER SHALL UNDERGO SIMPLE IMPRISONMENT FOR A
PERIOD OF SIX MONTHS. THE PRINCIPLE SENTENCES OF
IMPRISONMENT AND DEFAULT OF SENTENCE OF IMPRISONMENT
SHALL RUN ONE AFTER THE OTHER. ACTING UNDER SECTION
357(3) OF CR.P.C, OUT OF ABOVE SAID FINE AMOUNT, A
COMPENSATION OF AMOUNT OF RS.6,25,000/- (RUPEES SIX
LAKH TWENTY FIVE THOUSAND ONLY) BE GIVEN TO THE
COMPLAINANT. OUT OF ENTIRE FINE AMOUNT RS.10,000/-
(RUPEES TEN THOUSAND ONLY) HAS TO BE REMITTED TO THE
GOVERNMENT TOWARDS EXPENDITURE OF PROSECUTION OF
THIS CASE AND ALSO SET-ASIDE THE JUDGMENT DATED
18/10/2019 PASSED IN CRL. APPEAL NO.41/2018 PASSED BY
THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE
DHARWAD, SITTING AT HUBBALLI, CONFIRMING THE
JUDGMENT OF CONVICTION OF THE TRIAL COURT AND ACQUIT,
THE PETITIONER OF THE OFFENCE WITH WHICH HE HAS BEEN
CONVICTED AND SENTENCED.
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CRL.RP No. 100273 of 2021
HC-KAR
THIS CRIMINAL REVISION PETITION, COMING ON FOR
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)
1. Learned counsel for the respective parties have
filed an application under Section 147 of Negotiable
Instruments Act read with Section 320 of Code of Criminal
Procedure, 1973.
2. The relevant averments are made at paragraph
No.4 of the said application, are read as under:
"4. It is submitted that, with the intervention
of elders and well-wishers of the Petitioner as well
as the Respondent, the Petitioner and Respondent
have agreed to amicable settle the dispute
between them by compounding the present
proceedings. In view of the said fact, the present
compromise is being entered into on following
terms and conditions:
a. The Petitioner/Accused has agreed to pay
a sum of Rs.5,30,000/- (Rupees five lakhs thirty
thousand only) to the Respondent/Complainant. As
per settlement today the petitioner was given
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HC-KAR
amount of Rs.5,30,000/- (Rupees five lakhs thirty
thousand only) to respondent and full and final
settlement of the dispute between themselves. As
per order of this Hon'ble court the petitioner was
deposited the amount of Rs.3,17,500/- (Rupees
three lakhs seventeen thousand five hundred only)
before the Hon'ble Prl. Civil Judge and JMFC At
Hubballi in C.C.No.1142/2013. Therefore, the
respondent has no objection to the petitioner to
withdraw of Rs.3,17,500/- (Rupees three lakhs
seventeen thousand five hundred only) which was
deposited on 04.12.2021 before the Hon'ble Prl.
Civil Judge and JMFC At Hubballi in
C.C.No.1142/2013.
b. The Respondent/Complainant hereby
acknowledges the receipt of Rs.5,30,000/- (Rupees
five lakhs thirty thousand only) by way of cash
from the Petitioner/Accused on today.
c. The Respondent/Complainant also hereby
aggress that, the Criminal Revision Petition
No.100273/2021 filed by the Petitioner may kindly
be disposed off as settled between the parties."
3. Having considered the same, there is no
embargo on this Court to record the settlement.
4. Accordingly, I proceed to pass the following:
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HC-KAR
ORDER.
i) The petition is allowed in terms of the
settlement.
iii) The judgment of conviction and order on
sentence dated 23.05.2018 passed in C.C.
No.1142/2013 by the Prl. Civil Judge and
JMFC, Hubballi, and confirmed in the
judgment dated 18.10.2019 passed in
Criminal Appeal No.41/2018 by the V
Additional District and Sessions Judge,
Dharwad, are hereby set aside.
iv) The petitioner is acquitted for the offence
under Section 138 of Negotiable Instruments
Act.
v) The bail bonds and surety bond of the
petitioner stand cancelled.
vi) The petitioner/accused is permitted to
withdraw the amount deposited before the
Trial Court, if any.
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HC-KAR
vii) In view of disposal of the main petition,
pending applications, if any, are disposed off.
Sd/-
(S.RACHAIAH)
JUDGE
SMM/CT: UMD
List No.: 1 Sl No.: 92
