Karnataka High Court
Smt Jyoti W/O Swaraj Patil vs Jayashanakr Kalkundrikar ... on 8 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:11578
CRL.RP No. 100291 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 8TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 100291 OF 2024
(397(CR.PC)/438(BNSS))
BETWEEN:
SMT. JYOTI W/O SWARAJ PATIL,
AGE. 36 YEARS, OCC. HOMEMAKER,
R/O. ANAND NAGAR, VADAGAON,
BELAGAVI, TQ. AND DIST. BELAGAVI,
PIN CODE-590 005.
... PETITIONER
(BY SRI. M.J. PEERJADE, ADVOCATE)
AND:
JAYASHANAKAR KALKUNDRIKAR MULTI-PURPOSE
SOUHARD SOCIETY LTD, SHAHAPUR, BELAGAVI,
REPRESENTED BY ITS CLERK-VINAYAK G. PATIL,
AGE. 35 YEARS, OCC. SERVICE IN SOCIETY,
R/O. YELLUR VILLAGE, TQ. AND DIST. BELAGAVI,
PIN CODE-590 005.
Digitally
signed by
RAKESH S
... RESPONDENT
RAKESH HARIHAR
S Location:
HIGH
(BY SRI. KIRSHNA KUMAR JOSHI, ADVOCATE)
HARIHAR COURT OF
KARNATAKA
DHARWAD
BENCH
THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION
397 R/W 401 OF CR.P.C., PRAYING TO CALL FOR TCR AND SET ASIDE
THE ORDER DATED 06.04.2024 PASSED BY THE XI ADDL. DISTRICT
AND SESSIONS JUDGE, AT BELAGAVI IN CRL. A. NO.49/2024 BY
CONFIRMING THE CONVICTION ORDER DATED 01.02.2024 PASSED BY
THE V J.M.F.C. COURT, AT: BELAGAVI IN C.C. NO.741/2020 FOR THE
OFFENCE UNDER SECTION 138 OF N.I. ACT.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER
IS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:11578
CRL.RP No. 100291 of 2024
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Petitioner is before this Court assailing the
judgment and order of conviction and sentence dated
01.02.2024 passed by the Court of JMFC-V, Belagavi in C.C.
No.741 of 2020 confirmed by judgment and order dated
06.04.2024 passed by the Court of XI Additional Sessions
Judge, Belagavi in Criminal Appeal No.49 of 2024.
2. Perusal of the material on record would go to
show that petitioner was convicted for offence punishable
under Section 138 of the Negotiable Instruments Act and
sentenced to pay a fine of ₹2,48,000/- and in default to
undergo simple imprisonment for a period of 4 months. Out
of the aforesaid fine amount, a sum of ₹2,46,000/- was
directed to be paid to the respondent as compensation and
balance sum of ₹2,000/- was directed to be adjusted
towards expenses incurred by the State.
3. Learned counsel for the petitioner and learned
counsel for respondent jointly submit that during the
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HC-KAR
pendency of this petition, the dispute between the parties
has been amicably settled and in furtherance of the
settlement between the parties, petitioner has paid a sum
of ₹2,23,000/- to the respondent and amount of ₹23,000/-
which is deposited by the petitioner before the Trial Court is
required to be withdrawn by the respondent towards full
and final settlement with regard to the amount covered
under the cheque in question. They submit that a joint
memo is filed reporting settlement and pray that parties
may be permitted to compound the alleged offence for
which the petitioner has been convicted.
4. Submission and joint memo filed on behalf of the
parties is taken on record.
5. The joint memo is signed by the parties and by
their respective advocates. The parties who are present
before the Court are identified by their respective
advocates. The joint memo which is filed today in open the
Court reads as follows:
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HC-KAR
That, the Respondent/complainant has filed
the case as against the Rev. Petitioner/accused
for the offence punishable U/Sec.138 of N.Ι. Act.
After recording the evidence the Hon'ble Vth
JMFC, Belagavi in C.C. No.741/2020 convicted
the appellant for the offence punishable
U/sec.138 of N.I.Act in C.C. No.741/2020.
Thereafter, the Revision Petitioner/accused
preferred this revision being aggrieved by the
judgement of conviction of Hon'ble trial court
and first appellate court before this Hon'ble
Court. Now the matter is settled amicably
between the parties.
That, the Revision petitioner/accused has
already paid an amount of Rs.2,25,000/-
(Rupees Two Lakhs Twenty Thousand only) in
cash to the complainant Society out of total
compensation amount of Rs.2,46,000/- as
awarded by trial Court and the
Respondent/Complainant has acknowledged the
payment and issued receipt in this regard. The
remaining balance amount of Rs.23,000/-
(Rupees Twenty Three Thousand only) already
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HC-KAR
deposited by the Revision Petitioner before
Hon'ble Trial Court.
The Revision Petitioner hereby given
consent to the Respondent/Complainant to
withdraw an amount of Rs.23,000/- deposited
before Hon'ble Vth JMFC, Belagavi in
C.C.No.741/2020.
Hence, it is most humbly prayed that, the
top noted case may kindly be compounded on
the above mentioned terms and conditions."
6. Considering the averments found in the first
information and also the submission made by the parties, I
am of the opinion that the in view of the settlement
between the parties pursuant to which an amount of
₹2,23,000/- has been admittedly paid to the respondent by
the petitioner, I am of the opinion that this revision petition
is required to be disposed of permitting the parties to
compound the alleged offence for which the petitioner has
been convicted. Accordingly the following:
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HC-KAR
ORDER
i. Criminal Revision Petition is allowed.
ii. The judgment and order of conviction
and sentence dated 01.02.2024 passed by the
Court of JMFC-V, Belagavi in C.C. No.741 of
2020 confirmed by judgment and order dated
06.04.2024 passed by the Court of XI Additional
Sessions Judge, Belagavi in Criminal Appeal
No.49 of 2024 are set aside.
iii. Petitioner is acquitted of the offence
punishable under Section 138 of the Negotiable
Instruments Act.
iv. The respondent is permitted to
withdraw the amount of ₹23,000/- deposited by
the petitioner before the Trial Court subject to he
producing necessary documents in support of his
identity.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
RSH / CT:BCK
