Karnataka High Court
Shri Bahubali Bhimarayappa ... vs Shri Gulshan Vishnu Gulabani on 17 March, 2025
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2021:KHC-D:12885
CRL.RP No. 100368 of 2021
C/W CRL.RP No. 100367 of 2021
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 17TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL REVISION PETITION NO.100368 OF 2021
(397(CR.PC)/438(BNSS))
C/W
CRIMINAL REVISION PETITION NO. 100367 OF 2021
IN CRL.RP.NO.100368/2021:
BETWEEN:
SHRI BAHUBALI BHIMARAYAPPA PAYYAPPANNAVAR
"PROPRIETOR OF PADMA INDUSTRIES",
AGE: 54 YEARS, OCC. BUSINESS,
R/O. 18/C, KIADB, HONAGA, INDUSTRIAL AREA,
TAL. AND DIST. BELAGAVI-591113.
...PETITIONER
(BY SRI VITTHAL S. TELI, ADVOCATE)
Digitally
signed by V
N BADIGER
VN
BADIGER Date:
2025.03.21
10:35:57 AND:
+0530
SHRI GULSHAN VISHNU GULABANI
PROPRIETOR OF PADMA FURNITURE
AGE: 24 YEARS OCC. BUSINESS,
R/O. PLOT NO.217, 4TH CROSS, R.K. MARG,
HINDAWADI, BELAGAVI-591156.
...RESPONDENT
(BY SRI SHARAD M. PATIL, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S. 397
(1) R/W. 401 OF CR.P.C., SEEKING TO SET ASIDE THE
JUDGMENT DATED 02.12.2021 IN CRIMINAL APPEAL
NO.129/2019 BY THE IX ADDITIONAL DISTRICT AND
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NC: 2021:KHC-D:12885
CRL.RP No. 100368 of 2021
C/W CRL.RP No. 100367 of 2021
SESSIONS JUDGE, BELAGAVI WHEREIN CONFIRMING THE
JUDGMENT DATED 21.03.2019 IN CC NO.165/2018 PASSED BY
THE V JMFC, BELAGAVI FOR OFFENCE U/S. 138 OF N.I. ACT
1881 AND THEREBY ACQUIT THE PETITIONERS/ACCUSED.
IN CRL.RP.NO.100367/2021:
BETWEEN:
SHRI BAHUBALI BHIMARAYAPPA PAYYAPPANNAVAR
"PROPRIETOR OF PADMA INDUSTRIES",
AGE: 54 YEARS, OCC. BUSINESS,
R/O. 18/C, KIADB, HONAGA, INDUSTRIAL AREA,
TAL. AND DIST. BELAGAVI-591113.
...PETITIONER
(BY SRI VITTHAL S. TELI, ADVOCATE)
AND:
SHRI GULSHAN VISHNU GULABANI
PROPRIETOR OF PADMA FURNITURE
AGE: 24 YEARS OCC. BUSINESS,
R/O. PLOT NO.217, 4TH CROSS, R.K. MARG,
HINDAWADI, BELAGAVI-591156.
...RESPONDENT
(BY SRI SHARAD M. PATIL, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S. 397
(1) R/W. 401 OF CR.P.C., SEEKING TO SET ASIDE THE
JUDGMENT DATED 02.12.2021 IN CRIMINAL APPEAL
NO.128/2019 BY THE IX ADDITIONAL DISTRICT AND
SESSIONS JUDGE, BELAGAVI WHEREIN CONFIRMING THE
JUDGMENT DATED 21.03.2019 IN CC NO.500/2018 PASSED BY
THE V JMFC, BELAGAVI FOR OFFENCE U/S. 138 OF N.I. ACT
1881 AND THEREBY ACQUIT THE PETITIONERS/ACCUSED.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2021:KHC-D:12885
CRL.RP No. 100368 of 2021
C/W CRL.RP No. 100367 of 2021
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Parties are present before the Court. Separate joint
memos are filed by the parties settling the dispute among
them.
2. Joint memo in Crl.R.P.No.100368/2021 reads
as under:
"Herein Joint Memo on behalf of the
petitioner/accused and respondent/
complainant is as under-
1.That the petitioner/accused and
respondent/complainant have agreed that the
petitioner/accused will pay a sum of
Rs 20,25,000/- as full and final settlement.
2. That the petitioner accused has already
deposited an amount of Rs 12,50,000/- before
the JMFC Court Belagavi.
3. That the petitioner/accused has agreed to
deposit balance amount of Rs 7,75,000/-
within 6 months in 3 equal instalments of
Rs 2,58,334/-i.e. Ist instalment to be paid on
NC: 2021:KHC-D:12885
or before 15th May 2025, IInd Instalment of
Rs 2,58,334/- to be paid on before 15th July
2025, and IIIrd Instalment of Rs 2,58,334/- to
be paid on or before 15th September 2025.
4. That the petitioner/accused will deposit the
sum as agreed in para 2 of this joint memo
directly to the account of complainant/
respondent bearing Acc No 50100446138096
Acc Name Gulshan vishnu Gulabani IFSC Code
HDFC0001247 (Branch -Thilakwadi)
5. The above joint memo is filed without any
fraud or coercin between the parties to this
petition.
6. The above joint memo is filed out of free
will of the parties to this petition.
7. The contents of this joint memo are read
over to the petitioner/accused and
respondent/complainant in presence of their
advocates.
Hence this Memo".
3. Joint memo in Crl.R.P.No.100367/2021 reads
as under:
NC: 2021:KHC-D:12885
"Herein Joint Memo on behalf of the
petitioner/accused and respondent/
complainant is as under-
1. That the petitioner/accused and
respondent/complainant have agreed that the
petitioner/accused will pay a sum of
Rs 10,25,000/- as full and final settlement.
2. That the petitioner accused has already
deposited an amount of Rs 6,00,000/- before
the JMFC Court Belagavi.
3. That the petitioner/accused has agreed to
deposit balance amount of Rs 4,25,000/-
within 6 months in 3 equal instalments of Rs
1,41,667/- i.e Ist instalment to be paid on or
before 15th May 2025, IInd Instalment of
Rs 1,41,667/- to be paid on before 15th July
2025, and IIIrd Instalment of Rs 1,41,667/- to
be paid on or before 15th September 2025.
4. That the petitioner/accused will deposit the
sum as agreed in para 2 of this joint memo
directly to the account of complainant/
respondent bearing Acc No 50100446138096
Acc Name Gulshan vishnu Gulabani IFSC Code
HDFC0001247 (Branch - Thilakwadi)
NC: 2021:KHC-D:12885
5. The above joint memo is filed without any
fraud or coercion between the parties to this
petition.
6. The above joint memo is filed out of free
will of the parties to this petition.
7. The contents of this joint memo are read
over to the petitioner/accused and
respondent/complainant in presence of their
advocates.
Hence this memo."
4. Placing both the joint memos on record,
revision petitions are disposed of.
5. Amount in deposit in both the revision petitions
is ordered to be withdrawn by the complainant under due
identification.
6. If the agreed amount of compensation as per
the joint memos is not paid by the revision petitioner,
orders of the Trial Magistrate confirmed by the First
Appellate Court stand restored automatically.
NC: 2021:KHC-D:12885
7. After the payment of entire compensation
amount, as agreed in the joint memos, fine amount of
Rs.10,000/- in both the cases, which is ordered to be
appropriated to the expenses of the State, is set aside.
8. Office to return the Trial Court records with a
copy of this order for issuing modified conviction order.
SD/-
(V.SRISHANANDA)
JUDGE
NAA
CT:PA
