Karnataka High Court
Anjani S/O Mallesh Naik vs Bhujang S/O Balakrishna Yallurkar on 28 March, 2025
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2025:KHC-D:5724
CRL.RP No. 100115 of 2025
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 28TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL REVISION PETITION NO.100115 OF 2025
(397(CR.PC)/438(BNSS))
BETWEEN:
ANJANI S/O. MALLESH NAIK,
AGE: 52 YEARS, OCC. SUGARCANE CUTTER,
R/O. BENDIGERI, SANNATANDA,
TQ. HARAPANAHALLI, DIST. VIJAYANAGAR.
...PETITIONER
(BY SRI GIRISH V. BHAT, ADVOCATE)
AND:
BHUJANG S/O. BALAKRISHNA YALLURKAR,
AGE: 34 YEARS, OCC. AGRICULTURIST,
R/O. TEGNALLI, HALIYAL, TQ. HALIYAL,
DIST. UTTARA KANNADA-581329.
Digitally
signed by ...RESPONDENT
VN
VN BADIGER
BADIGER Date: (BY SRI VITHAL K. NAYAK, ADVOCATE)
2025.03.28
13:24:27
+0530
THIS CRIMINAL REVISION PETITION IS FILED U/S. 397
R/W. 401 OF CR.P.C. (438 R/W. 442 OF BNSS), SEEKING TO
ALLOW THE REVISION PETITION AND SET ASIDE THE
IMPUGNED JUDGMENT AND ORDER PASSED BY THE learned I
ADDL.DISTRICT AND SESSIONS COURT, KARWAR (SITTING IN
SIRSI) AT SIRSI IN CRL.A.NO.5013/2023 DATED 14.12.2023
DISMISSING THE APPEAL AND ALSO SET ASIDE THE
JUDGMENT AND ORDER OF CONVICTION PASSED BY THE
SENIOR CIVIL JUDGE AND JMFC COURT, HALIYAL IN CC
NO.62/2019 DATED 04.11.2022, FOR THE OFFENCE
PUNISHABLE U/S. 138 OF N.I. ACT.
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NC: 2025:KHC-D:5724
CRL.RP No. 100115 of 2025
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Revision petitioner is in custody. Son of the revision
petitioner and respondent is present with their respective
Advocates.
Joint memo is filed, signed by the son of revision
petitioner and the respondent. Joint memo reads as
under:
"Herein, the Advocate for Revision Petitioner
most respectfully submits as follows:
1. That, the Revision Petitioner has challenged the
impugned judgement and order of conviction passed
by the learned Senior Civil Judge and JMFC, Haliyal in
CC No. 62/2019 dated 04.11.2022 sentencing the
Petitioner to pay compensation of Rs. 6,00,000/- and
to undergo simple imprisonment for a period of 6
months and sentenced to pay fine of Rs. 5,000/- and
in default to undergo further imprisonment for 1
NC: 2025:KHC-D:5724
month for the offence punishable under Sec. 138 of
Negotiable Instrument Act.
2. The Revision Petitioner had issued the cheque
bearing No. 668368 dated 30.05.2019, of Karnataka
Bank Ltd of Harapanahalli Branch, for repayment of
Rs. 3,00,000/- which he had availed as advance for
harvesting the sugarcane crop in the land of
respondent, which he was required to repay as he
failed to harvest the crop and the same was
presented and was dishonoured on 31.05.2019 with
the endorsement "Funds Insufficient" and thereupon
the respondent issued a notice and the Revision
Petitioner did not make the payment of the cheque
amount and thereby committed the offence
punishable under Sec. 138 of N.I Act.
3. That, now the Accused and complainant have
come to amicable settlement by the intervention of
the elders and in view of the settlement the accused
have agreed to pay a sum of Rs. 2,00,000/- and the
Respondent have agreed to receive the same as full
and final satisfaction of the dispute.
4. That, in pursuance of the settlement today the
representative of the accused have paid a sum of Rs.
2,00,000/- in cash to the complainant and the
complaint has received the same.
NC: 2025:KHC-D:5724
5. It is pertinent to submit here itself that, since the
accused is in judicial custody his son is before this
Hon'ble Court to pay the amount to the complainant.
6. The complaint hereby agrees that, he is fully
satisfied with amount received and he will not
continue any kind of proceedings against the accused
in respect of the present dispute.
Hence, the Joint Memo."
Placing the joint memo on record, revision petition
stands disposed of.
SD/-
(V.SRISHANANDA)
JUDGE
KAV
CT:PA
