Mr Sanjay S/O Vittal Desai vs Jayshankar Kalkundrikar Multi ...
2025 Latest Caselaw 5588 Kant

Citation : 2025 Latest Caselaw 5588 Kant
Judgement Date : 26 March, 2025

Karnataka High Court

Mr Sanjay S/O Vittal Desai vs Jayshankar Kalkundrikar Multi ... on 26 March, 2025

Author: V.Srishananda

Bench: V.Srishananda

                                                   -1-
                                                               NC: 2025:KHC-D:5550
                                                         CRL.RP No. 100452 of 2023




                                IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH

                             DATED THIS THE 26TH DAY OF MARCH, 2025

                                                BEFORE

                             THE HON'BLE MR. JUSTICE V.SRISHANANDA

                        CRIMINAL REVISION PETITION NO.100452 OF 2023
                                   (397(CR.PC)/438(BNSS))

                      BETWEEN:

                      MR.SANJAY S/O. VITTAL DESAI,
                      AGE: 42 YEARS, OCC. DRIVER,
                      R/O. 733, SHIVAJI NAGAR, MUTAGE TAL.
                      DIST. BELAGAVI, PIN CODE-591124.
                                                                       ...PETITIONER
                      (BY SRI MAHANTESH S. HIREMATH, ADVOCATE)

                      AND:

                      JAYSHANKAR KALKUNDRIKAR MULTI -PURPOSE SOUHARAD
                      SAHAKARI LTD., SAMBRA BRANCH, SAMBRA,
                      TAL. AND DIST. BELAGAVI,
                      R/BY. ITS RECOVERY OFFICER,
                      SHRI VINAYAK S/O. GOPAL MOHITE PATIL,
                      AGE: 35 YEARS, OCC. PVT. SERVICE,
        Digitally
        signed by V
                      R/O. C/O. SOMANATH BUILDING, 1ST FLOOR,
VN
        N
        BADIGER       NATH PAI CIRCLE, SHAHAPUR,
BADIGER Date:
        2025.03.29
        12:03:51
                      BELAGAVI, PIN CODE-590003.
        +0530
                                                                 ...RESPONDENT
                      (BY SRI KRISHNA KUMAR JOSHI, ADVOCATE)

                           THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 AND
                      401 OF CR.P.C., SEEKING TO CALL FOR RECORDS AND ALLOW THE
                      REVISION PETITION AND SET ASIDE THE JUDGMENT PASSED IN
                      CRIMINAL APPEAL NO.341/2022 DATED ON 22.08.2023 PASSED BY
                      THE LEARNED IV ADDL. DISTRICT AND SESSIONS JUDGE,
                      BELAGAVI, FOR THE OFFENCE PUNISHABLE U/S. 138 OF N.I. ACT
                      AND ALSO THE JUDGMENT AND ORDER PASSED IN CC NO.685/2020
                      FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT,
                      DATED 06.09.2022, PASSED BY THE LEARNED V JMFC, BELAGAVI
                      AND ALLOW THE REVISION PETITION.
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                                                        NC: 2025:KHC-D:5550
                                           CRL.RP No. 100452 of 2023




     THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:


                             ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

Memo with receipt for having paid the amount of

Rs.500/- is filed and the same is taken on record.

2. A joint memo is filed reporting the settlement.

3. Joint memo reads as under:

"Herein, the joint memo on behalf of Revision Petitioner andd Respondent is as under:-

That, the Respondent/complainant has filed the case as against the Rev.Petitioner/accused for the offence punishable U/Sec.138 of N.I. Act. After recording the evidence the Hon'ble V JMFC, Belagavi convicted the appellant for the offence punishable U/sec.138 of N.I.Act in C.C.No.658/2020.

Thereafter, the Revision Petitioner/accused preferred this revision being aggrieved by the judgement of conviction of Hon'ble trial court

NC: 2025:KHC-D:5550

and first appellate court before this Hon'ble Court. Now the parties to the revision petition have amicably settled their claim on the following terms between the parties:

1. That The parties have agreed to compromise the present case for a total sum of Rs.1,20,000/- (Rupees One Lakh Twenty Thousand Only).

2. That, the Revision petitioner/accused has already deposited an amount of Rs. 50,000/-

(Rupees One only) before Hon'ble V JMFC, Belagavi in C.C.No.658/2020 and remaining amount of Rs.70,000/- is paid today before this Hon'ble High Court and the Revision petitioner/accused has agreed/given consent to permit the Complaint to withdraw the amount of Rs.50,000/- deposited before the Hon'ble V JMFC, Belagavi in C.C.No.658/2020 as per the compromise terms.

3. That the Respondents also states that except this cheque, they have no any other cheques and also states that they will not file any other cheque bounce case or misuse the cheque in future with respect to petitioner's present loan is concerned and the complainant reserves the liberty to file civil case for recovery of the balance amount due

NC: 2025:KHC-D:5550

from the revision petitioner/accused before the appropriate courts of law, this agreement is entered without any force.

Hence, it is most humbly prayed that, the top noted case may kindly be compounded on the above mentioned terms and conditions."

4. Placing the joint memo on record, revision

petition stands disposed of.

5. A sum of Rs.70,000/- is tendered by the

revision petitioner and the same is acknowledged by the

counsel for respondent.

6. With the payment of the said sum of

Rs.70,000/-, entire fine amount in respect of presumption

under Section 138 of Negotiable Instruments Act, 1881

stands settled.