Karnataka High Court
Anjani S/O Mallesh Naik vs Rama S/O Adappa Ghadi on 28 March, 2025
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2025:KHC-D:5722
CRL.RP No. 100114 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.100114 OF 2025
(397(CR.PC)/438(BNSS))
BETWEEN:
ANJANI S/O. MALLESH NAIK,
AGE: 53 YEARS, OCC. SUGARCANE CUTTER,
R/O. BENDIGERI, SANNATANDA,
TQ. HARAPANAHALLI, DIST. VIJAYANAGAR.
...PETITIONER
(BY SRI GIRISH V. BHAT, ADVOCATE)
AND:
RAMA S/O. ADAPPA GHADI,
AGE: 53 YEARS, OCC. AGRICULTURIST,
R/O. GOLEHALLI VILLAGE, TQ. HALIYAL,
DIST. UTTARA KANNADA-581329.
...RESPONDENT
Digitally (BY SRI VITHAL K. NAYAK, ADVOCATE)
signed by
VN
VN BADIGER
BADIGER Date:
2025.03.28
13:24:19
THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W.
+0530
401 OF CR.P.C. (U/S. 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.5045/2023 DATED 02.05.2024 REMANDING THE MATTER
TO THE TRIAL COURT AND ALSO SET ASIDE THE JUDGMENT AND
ORDER OF CONVICTION PASSED BY THE LEARNED SENIOR CIVIL
JUDGE AND JMFC COURT, HALIYAL IN CC NO.75/2019 DATED
01.06.2024, FOR THE OFFENCE PUNISHABLE U/S. 138 OF N.I. ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:5722
CRL.RP No. 100114 of 2025
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. 75/2019 dated 30.01.2023 sentencing the
Petitioner to pay compensation of Rs. 8,10,000/- and to
undergo simple imprisonment for a period of 6 months
for the offence punishable under Sec. 138 of Negotiable
Instrument Act.
NC: 2025:KHC-D:5722
2. The Revision Petitioner had issued the cheque
bearing No. 145505 dated 01.07.2019, of Karnataka
Bank Ltd of Harapanahalli Branch, for repayment of Rs.
4,00,000/- 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 05.07.2019 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. 90,000/- 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.90,000/- in cash to the complainant and the
complaint has received the same.
NC: 2025:KHC-D:5722
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
