Karnataka High Court
Shri. Yallappa S/O. Bhimappa ... vs Smt. Bibijan W/O. Dastagirsab ... on 21 November, 2025
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NC: 2025:KHC-D:16064
CRL.A No. 100362 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 21ST DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
CRIMINAL APPEAL NO.100362 OF 2019 (A)
BETWEEN:
1. SHRI YALLAPPA S/O. BHIMAPPA MADAGANAVAR,
AGE: 71 YEARS,
OCC. AGRICULTURE AND BUSINESS,
R/O. MUDALGI, TQ. GOKAK,
DIST. BELAGAVI- 591312.
SINCE DECEASED BY HIS LRS.
1A. SMT. SHANTA W/O. YALLAPPA MADAGANAVAR,
AGE: 72 YEARS, OCC. HOUSEHOLD WORK,
R/O. MUDALGI, TQ. GOKAK,
DIST. BELAGAVI- 591312.
1B. SHRI SHRISHAIL S/O. YALLAPPA MADAGANAVAR,
AGE: 52 YEARS, OCC. AGRICULTURE AND BUSINESS,
R/O. MUDALGI, TQ. GOKAK,
DIST. BELAGAVI- 591312.
Digitally
signed by
YASHAVANT 1C. SMT. SNEHA
YASHAVANT NARAYANKAR
NARAYANKAR Date:
2025.11.24
W/O. VEERUPAKSHAPPA @ DEEPAK HULLIKERI,
10:19:30
+0530 AGE: 50 YEARS, OCC. HOUSEHOLD WORK,
R/O. MUDALGI, TQ. GOKAK,
DIST. BELAGAVI- 591312.
1D. SMT. SAVITA W/O. SHIVALINGAPPA BELAGALI,
AGE: 46 YEARS, OCC. HOUSEHOLD WORK,
R/O. MUDALGI, TQ. GOKAK,
DIST. BELAGAVI- 591312.
1E. SMT. SUNANDA W/O. RAMESH KALLOLLI,
AGE: 43 YEARS, OCC. HOUSEHOLD WORK,
R/O. MUDALGI, TQ. GOKAK,
DIST. BELAGAVI- 591312.
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NC: 2025:KHC-D:16064
CRL.A No. 100362 of 2019
HC-KAR
1F. SMT. PADMAVATI W/O. CHANDRAKANT GUDODAGI,
AGE: 42 YEARS, OCC. HOUSEHOLD WORK,
R/O. MUDALGI, TQ. GOKAK,
DIST. BELAGAVI- 591312.
1G. SMT. PURVI W/O. VINAY BIJAPUR,
D/O. YALLAPPA MADAGANAVAR,
AGE: 39 YEARS, OCC. HOUSEHOLD WORK,
R/O. MUDALGI, TQ. GOKAK,
DIST. BELAGAVI- 591312.
1H. SHRI VINAYAK S/O. YALLAPPA MADAGANAVAR,
AGE: 36 YEARS, OCC. AGRICULTURE AND BUSINESS,
R/O. MUDALGI, TQ. GOKAK,
DIST. BELAGAVI- 591312.
...PETITIONERS
(BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE)
AND:
SMT. BIBIJAN W/O. DASTAGIRSAB KALLIMANI,
AGE: 47 YEARS,
OCC. AGRICULTURE AND BUSINESS,
R/O. AT POST NEAR BUS STAND, MUDALGI,
TQ. GOKAK, DIST. BELAGAVI- 591312.
...RESPONDENT
(BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4)
SEEKING TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED
06.08.2019 PASSED IN CRIMINAL APPEAL NO. 157/2017 ON THE FILE
OF THE XII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI
SITTING AT GOKAK THEREBY REVERSING THE JUDGMENT OF
CONVICTION DATED 11.07.2017 PASSED IN CC NO. 9/2014 ON THE
FILE OF THE CIVIL JUDGE AND JMFC MUDALGI FOR THE OFFENCE
PUNISHABLE UNDER SECTION 138 OF THE NI ACT BY ALLOWING THE
TOP NOTED APPEAL TO MEET THE ENDS OF JUSTICE.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, ORDER WAS
MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:16064
CRL.A No. 100362 of 2019
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE C M JOSHI)
The legal representative of the original appellant and the
respondent are present.
2. The matter was referred to mediation and before
the mediation, the parties have resolved the dispute.
Accordingly, they have filed a joint compromise petition. The
parties who are present before this Court are identified by
their respective counsels. The complainant's legal
representatives are the appellants. The appellant No.1(h) is
the power of attorney holder of the remaining appellants. A
copy of the power of attorney is placed on record.
3. On questioning the parties who are present before
the Court, they submit that they have amicably settled their
dispute and the appellants have received a sum of
Rs.3,25,000/- by RTGS. In that view of the matter, the
impugned judgment of the Trial Court is set aside and the
joint agreement entered into between the parties before the
mediation centre is accepted.
NC: 2025:KHC-D:16064
HC-KAR
4. The accused-respondent stands acquitted by way
of compounding of the case under Section 147 of the
Negotiable Instruments Act. Accordingly, the appeal is
disposed off.
SD/-
(C M JOSHI)
JUDGE
RKM
CT:PA
