Karnataka High Court
P Ravindra Naidu S/O Late P Bhaskar Naidu vs S A Habib S/O Late S Habib on 24 March, 2025
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2025:KHC-D:5424
CRL.RP No. 100257 of 2022
C/W CRL.RP No. 100256 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 24TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL REVISION PETITION NO.100257 OF 2022
(397(CR.PC)/438(BNSS))
C/W
CRIMINAL REVISION PETITION NO.100256 OF 2022
IN CRL.RP.NO.100257/2022:
BETWEEN:
P.RAVINDRA NAIDU
AGE: 47 YEARS, OCC. RAILWAY EMPLOYEE.
R/O UBL NO.135/A, RAILWAY QUARTERS,
RAIL COLONY, RAIL KALIAN KENDRA,
GADAG ROAD, HUBBALLI-580020.
...PETITIONER
(BY SRI NAVEEN CHATRAD, ADVOCATE)
Digitally signed by
MALLIKARJUN
RUDRAYYA KALMATH AND:
Location: HIGH COURT
OF KARNATAKA
SANTOSH S/O. SHYAMSUNDAR HABIB,
AGE: 29 YEARS, OCC. BUSINESS,
R/O. FLAT NO.2, HABIB BUILDING,
BASESHWARA NAGAR, GOKUL ROAD, HUBBALLI-580030.
...RESPONDENT
(RESPONDENT-NOTICE SERVED)
THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397
R/W. 401 OF CR.P.C. SEEKING TO JUDGMENT AND ORDER PASSED
BY THE LEARNED 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE
IN CRIMINAL APPEAL NO.52/2020 ON 08.07.2022 AND THE
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NC: 2025:KHC-D:5424
CRL.RP No. 100257 of 2022
C/W CRL.RP No. 100256 of 2022
JUDGMENT AND ORDER PASSED IN JMFC-III, HUBBALLI IN CC
NO.940/2019 ON 29.02.2020 MAY BE SET ASIDE AND THE
PETITIONER MAY BE ACQUITTED FOR THE OFFENCE PUNISHABLE
UNDER SECTION 138 OF N.I.ACT BY ALLOWING THIS REVISION
PETITION.
IN CRL.RP.NO.100256/2022:
BETWEEN:
P. RAVINDRA NAIDU
AGE: 47 YEARS, OCC. RAILWAY EMPLOYEE,
R/O. UBL, 135/A, RAILWAY QUARTERS,
RAIL COLONY, RAIL KALYAN KENDRA,
GADAG ROAD, HUBBALLI-580020.
...PETITIONER
(BY SRI NAVEEN CHATRAD, ADVOCATE)
AND:
SANTOSH S/O. SHYAMSUNDAR HABIB,
AGE: 29 YEARS, OCC. BUSINESS,
R/O. FLAT NO.2, HABIB BUILDING,
BASESHWARA NAGAR, GOKUL ROAD, HUBBALLI-580030.
...RESPONDENT
(RESPONDENT-NOTICE SERVED)
THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397
R/W. 401 OF CR.P.C., SEEKING TO THAT THE JUDGMENT AND
ORDER PASSED BY THE LEARNED 1ST ADDITIONAL DISTRICT AND
SESSIONS JUDGE IN CRIMINAL APPEAL NO.54/2020 ON 08.07.2022
AND THE JUDGMENT AND ORDER PASSED IN JMFC-III, HUBBALLI IN
CC NO.939/2019 ON 29.02.2020 MAY BE SET ASIDE AND THE
PETITIONER MAY BE ACQUITTED FOR THE OFFENCE PUNISHABLE
U/S.138 OF N.I. ACT, BY ALLOWING THIS REVISION PETITION.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:5424
CRL.RP No. 100257 of 2022
C/W CRL.RP No. 100256 of 2022
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Common revision petitioner files memos in both the
petitions
Memo in Crl.RP.No.100257/2022 reads as under:
"The Petitioner respectfully submits as under:
1. It is submitted that the Petitioner has filed
the above Criminal Revision Petition against
judgment and order passed by the 1st
Additional District and Sessions Judge in
Criminal Appeal No.52/2020 dated
08.07.2022 and the judgment and order
passed JMFC-III, Hubballi in C.C.
No.940/2019.
2. It is submitted that the Trial Court was
pleased to convict the Accused/petitioner U/s
138 of the NI Act vide order dated 29-02-
2020 and directed the Petitioner to pay the
fine amount of Rs. 59,000/- out of that the
Accused shall pay the Rs. 49,000/- to the
complainant and Rs. 10,000/- to the state
towards prosecution expenses. And the same
order was confirmed by the Lower Appellate
Court.
3. It is submitted that the during the
pendency of the above Criminal Revision
Petition, the Petitioner has deposited an
amount of Rs. 29,500/- before the III-JMFC
Court, Hubballi on 22-03-2025. Petitioner is
further ready to deposit the balance amount
of Rs. 29,500/- ( Rupees Twenty Nine
NC: 2025:KHC-D:5424
Thousand and Five Hundred only) before the
III-JMFC Court, Hubballi within 4 weeks from
today.
Therefore it is respectfully prayed to set
aside the judgment and order passed by the
1st Additional District and Sessions Judge in
Criminal Appeal No.52/2020 dated
08.07.2022 and the judgment and order
passed JMFC-III, Hubballi in C.C.
No.940/2019 and consequently acquit the
Petitioner for the offence punishable U/s 138
of the NI Act in the above case in the interest
of justice and equity."
Memo in Crl.RP.No.100256/2022 reads as under:
"The Petitioner respectfully submits as under:
1. It is submitted that the Petitioner has filed
the above Criminal Revision Petition against
judgment and order passed by the 1st
Additional District and Sessions Judge in
Criminal Appeal No.54/2020 dated
08.07.2022 and the judgment and order
passed JMFC-III, Hubballi in C.C.
No.939/2019.
2. It is submitted that the Trial Court was
pleased to convict the Accused/petitioner U/s
138 of the NI Act vide order dated 29-02-
2020 and directed the Petitioner to pay the
fine amount of Rs. 1,10,000/- out of that the
Accused shall pay the Rs. 1,00,000/- to the
complainant and Rs. 10,000/- to the state
towards prosecution expenses. And the same
order was confirmed by the Lower Appellate
Court.
NC: 2025:KHC-D:5424
3. It is submitted that the during the
pendency of the above Criminal Revision
Petition, the Petitioner has deposited an
amount of Rs. 55,000/- before the III-JMFC
Court, Hubballi on 22-03-2025. Petitioner is
further ready to deposit the balance amount
of Rs. 55,000/- ( Rupees Fifty Five Thousand
only) before the III-JMFC Court, A Hubballi
within 4 weeks from today.
Therefore it is respectfully prayed to set
aside the judgment and order passed by the
1st Additional District and Sessions Judge in
Criminal Appeal No.54/2020 dated
08.07.2022 and the judgment and order
passed JMFC-III, Hubballi in C.C.
No.939/2019 and consequently acquit the
Petitioner for the offence punishable U/s 138
of the NI Act in the above case in the interest
of justice and equity."
Placing the memos on record, both the revision
petitions stand disposed of.
It is made clear that the compensation amount as
agreed in the memos if not paid, the orders of the Trial
Magistrate confirmed by the First Appellate Court stand
restored automatically.
In view of the memos, show cause notices issued to
the surety stand withdrawn.
NC: 2025:KHC-D:5424
After the payment of compensation amount is paid, a
sum of Rs.10,000/- in both the petitions ordered by the
Trial Magistrate confirmed by the First Appellate Court
towards defraying expenses of the State stands set aside
as the lis is privy to the parties and no State machinery is
involved.
The amount in deposit, if any, is ordered to be
withdrawn by the complainant under due identification.
SD/-
(V.SRISHANANDA)
JUDGE
NAA
CT:PA
