Karnataka High Court
Chandrashekaragouda S/O Basanagouda ... vs Krishnasa S/O Nagendrasa Habib on 24 March, 2025
Author: V.Srishananda
Bench: V.Srishananda
-1-
NC: 2025:KHC-D:5380
CRL.RP No. 100325 of 2017
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.100325 OF 2017
(397(CR.PC)/438(BNSS))
BETWEEN:
CHANDRASHEKARAGOUDA S/O. BASANAGOUDA PATIL,
AGE: 40 YEARS, OCC. BUSINESS,
R/O. BEHIND B.ED COLLEGE,
KARIYAMMA KALLU BADAVANE, GADAG.
...PETITIONER
(BY SRI B.G. INDI, ADVOCATE FOR
SRI K.L. PATIL, ADVOCATE AND
SRI SRINIVAS B. NAIK, ADVOCATE)
AND:
KRISHNASA S/O. NAGENDRASA HABIB,
AGE: 44 YEARS, OCC. BUSINESS,
Digitally signed by
R/O. GRAIN MARKET, GADAG.
MALLIKARJUN ...RESPONDENT
RUDRAYYA
KALMATH (BY SRI H.N. GULARADDI, ADVOCATE)
Location: HIGH
COURT OF THIS CRIMINAL REVISION PETITION IS FILED UNDER
KARNATAKA
SECTION 397 AND 401 OF CR.P.C., SEEKING TO CALL FOR RECORDS
AND TO ALLOW THIS CRL. REVISION PETITION AND TO SET ASIDE
THE JUDGMENT AND ORDER DATED 26.09.2017 PASSED IN CRL.
APPEAL NO. 38 OF 2016 ON THE FILE OF ADDL. DISTRICT AND
SESSIONS JUDGE, GADAG AND TO SET ASIDE THE JUDGEMENT AND
ORDER OF CONVICTION AND SENTENCE DATED 20.05.2016 PASSED
IN C.C.NO. 2318 OF 2015 ON THE FILE OF I ADDL. CIVIL JUDGE AND
JMFC -I GADAG FOR THE OFFENCES PUNISHABLE UNDER SECTION
138 OF N.I. ACT AND ACQUIT THE PETITIONER FOR THE OFFENCE
PUNISHABLE UNDER SECTION 138 OF THE NI ACT.
-2-
NC: 2025:KHC-D:5380
CRL.RP No. 100325 of 2017
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Parties are present before the Court.
Memo is filed by the parties reporting the settlement.
Memo reads as under:
"In this, the Petitioner/Accused and the
Respondent/Complainant most respectfully
submit as under:
1. It is submitted that, the
Respondent/Complainant had filed a private
complaint before the learned I Addl. Civil
Judge and JMFC I Court, Gadag in C.C. No.
2318/2015 against the Petitioner/Accused for
the offence of 138 of NI Act in respect of
dishonour of a cheque bearing No. 247147 of
Axis Bank, Gadag Branch for a sum of
Rs. 2,00,000/- for encashment through SBI,
Mulagunda Naka, Gadag Branch.
2. It is submitted that, the C.C. No.
2318/2015 on the file of the learned I Addl.
Civil Judge and JMFC I Court, Gadag came to
NC: 2025:KHC-D:5380
be allowed and thereby the
Petitioner/Accused was convicted by
judgment and order of conviction and
sentence dated 20/05/2016. The
Petitioner/Accused was convicted to pay a
fine amount of Rs. 2,10,000/-, and in default
of payment of fine, he shall undergo simple
imprisonment for a period of six months for
the offence punishable under Section 138 of
NI Act. And subsequently, the Petitioner
preferred criminal appeal challenging the
judgment and order of conviction and
sentence of the trial Court before the Addl.
District and Sessions Judge, Gadag in Crl.
Appeal No. 38/2016, the learned District and
Sessions Judge by judgment and order dated
26/09/2017 dismissed the appeal filed by the
Petitioner/Accused and confirmed the
judgment and order of conviction and
sentence dated 20/05/2016 passed by the
learned I Addl. Civil Judge and JMFC I Court,
Gadag in C.C. No. 2318/2015.
3. It is submitted that, being aggrieved by
the judgment and order of conviction and
sentence passed by the Trial Court as well as
the dismissal judgment and order of the first
Appellate Court the Petitioner/Accused had
NC: 2025:KHC-D:5380
preferred the above criminal revision petition
before this Hon'ble Court.
4. It is submitted that, at the intervention of
elders and well wishers of the Petitioner as
well as the Respondent, the Petitioner and
Respondent have agreed to amicably settle
the dispute between them by compounding
the present proceedings. In view of the said
fact, the present compromise is being entered
into on the following terms and conditions:
a. The Petitioner/Accused has agreed to pay a
sum of Rs. 2,00,000/- i.e. cheque amount
to the Respondent/Complainant. And the
Respondent also agreed to receive the said
amount.
b. As a part of the above agreed amount the
Petitioner has no objection to withdraw
Rs. 50,000/- which was deposited before
the I Addl. Civil Judge and JMFC I Court,
Gadag in C.C. No. 2318/2015 and the said
amount of Rs. 50,000/- to the Respondent
towards full and final settlement of the
dispute between themselves.
c. The Respondent/Complainant
acknowledges the receipt of D.D. bearing
NC: 2025:KHC-D:5380
No. 590862 of Canara Bank, Mulagund
Naka Branch Dt. 18/03/2025 of Rs.
20,000/- from the Petitioner/Accused.
d. The remaining balance amount of
Rs. 1,30,000/- is to be paid within a period
of 2 months from today in 2 equal
installments of Rs. 65,000/- each.
i. The First installment of Rs. 65,000/- is to
be paid to the Respondent on or before
17/04/2025.
ii. The Second installment of Rs. 65,000/- is
to be paid to the Respondent on or before
17/05/2025, to be paid thorough D.D.
In case of failure the Respondent/Complainant
may proceed with the case, with permission of
this Hon'ble Court.
e. The Respondent/Complainant also hereby
agrees for dispose off the above Criminal
Revision Petition No. 100325/2017 filed by
the Petitioner.
Wherefore, this Hon'ble High Court may
kindly be pleased to permit the Petitioner and
Respondent to settle the present proceedings
by accepting the present memo and acquit
the Petitioner/Accused by setting aside the
NC: 2025:KHC-D:5380
judgment and order of conviction and
sentence dated 20/05/2016 passed by I Addl.
Civil Judge and JMFC I Court, Gadag in C.C.
No. 2318/2015 and also set aside the
subsequent judgment and order dated
26/09/2017 passed by the learned Addl.
District & Sessions Judge, Gadag in Crl.
Appeal No. 38/2016, in the interest of justice
and equity."
Placing the memo on record, revision petition stands
disposed of.
It is made clear that the compensation amount as
agreed in the memo if not paid, the order of the Trial
Magistrate confirmed by the First Appellate Court stands
restored automatically.
After the payment of compensation amount is paid, a
sum of Rs.10,000/- 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.
NC: 2025:KHC-D:5380
The amount in deposit, if any, is ordered to be
withdrawn by the complainant under due identification.
SD/-
(V.SRISHANANDA)
JUDGE
NAA
CT:PA
