Karnataka High Court
Smt. Jayashree W/O Mahadev Kammar vs Shri. Channabasaveshwar on 23 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.RP No. 100049 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 23RD DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 100049 OF 2024
(397(CR.PC)/438(BNSS))
BETWEEN:
SMT. JAYASHREE W/O MAHADEV KAMMAR,
AGE. 57 YEARS, OCC. BUSINESS,
R/O. LITTLE FLOWER SCHOOL,
SHIVAJI GALLI-581 329,
TQ. HALIYAL AND DIST. UTTAR KANNADA.
... PETITIONER
(BY SRI. CHETAN MUNNOLI, ADVOCATE)
AND:
SHRI. CHANNABASAVESHWAR
CO-OPERATIVE CREDIT SOCIETY LTD,
REPRESENTED BY ITS BRANCH MANAGER,
SHRI MALLAYYA VEERAYYA SHRIGURUMATH,
AGE. 63 YEARS, R/O. BASAVANAGAR,
HALIYAL, TQ. HALIYAL, DIST. UTTARA KANNADA.
... RESPONDENT
(BY SRI. GIRISH S. HIREMATH, ADVOCATE)
RAKESH S
HARIHAR
Digitally signed by
RAKESH S HARIHAR
THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
397 R/W 401 OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT
DATED 02.03.2023 IN CRIMINAL APPEAL NO.5064/2022 ON THE FILE
OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, UTTAR KANNADA,
KARWAR SITTING AT SIRSI CONFIRMING THE ORDER DATED
20.07.2022 IN C.C. NO.21/2021 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND J.M.F.C. HALIYAL, OF CONVICTING THE PETITIONER FOR
THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NI ACT AND
THIS CRIMINAL REVISION PETITION BE ALLOWED, IN THE ENDS OF
JUSTICE.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS
MADE THEREIN AS UNDER:
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CRL.RP No. 100049 of 2024
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. This petition under Section 397 read with Section
401 of Cr.P.C. is filed by the accused challenging the
judgment and order of conviction and sentence passed by
the Court of Senior Civil Judge and JMFC, Haliyal, in CC
No.21 of 2021 dated 20.07.2022 and the judgment and
order dated 02.03.2023 passed by the Court of I Additional
District and Sessions, Uttara Kannada, Karwar, in Criminal
Appeal No.5064 of 2022.
2. Heard the learned counsel for the parties.
3. Learned counsel for the parties submits that
petitioner was convicted and sentenced for the offence
punishable under Section 138 of the Negotiable Instruments
Act by the trial Court in CC No.21 of 2021 and the said
judgment and order of conviction has been confirmed in
Criminal Appeal No.5064 of 2022. During the pendency of
the Criminal Revision Petition, the parties have settled their
dispute before the mediation center at Dharwad, and a
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memorandum of agreement has been signed by them on
10.09.2025, and in view of the said settlement, this criminal
revision petition may be disposed of.
4. The memorandum of agreement dated
10.09.2025, which is signed by the parties and by their
respective advocates before the Mediation Center at
Dharwad, is taken on record. In paragraph Nos. 2 to 4 of
the said memorandum of agreement, it is stated as follows:
"2. It is submitted that the Accused/Petitioner had availed a
hand loan of Rs.50,000/- from the Complainant/Respondent
on 14.08.2018. For the purpose repayment of loan, the
Accused/Petitioner had issued a cheque bearing No.000001
dated 19.01.2021 of Rs.62,000/- drawn on RBL Bank,
Dharwad Branch. When the said cheque was presented by
the Complainant/Respondent for encashment, the same was
dishonoured and returned with an endorsement as Account
Closed.
3. It is submitted that the Complainant/Respondent filed a
complaint under Section 200 of Cr.P.C., alleging commission
of an offence punishable under Section 138 of Negotiable
Instruments Act. After recording sworn statement of the
Accused/Petitioner, cognizance of the said offence was taken
and CC No.21/2021 was registered against the
Accused/Petitioner. After hearing the matter, on 20.07.2022,
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the Trial Court passed the impugned judgment of conviction
and order of sentence by imposing fine of Rs.1,24,000/-
Aggrieved by the said judgment and order of sentence, the
Accused/Petitioner preferred an appeal in
Crl.A.No.5064/2022, wherein the Appellate Court confirmed
the judgment of conviction and order of sentence passed by
the Trial Court, on 02.03.2023.
4. Aggrieved by the judgments of the Courts below, the
present petition has been filed. The Parties have agreed to
compromise the case, with the intervention of well-wishers,
for a total sum of Rs.90,000/- (Rupees Ninety Thousand
Only), towards full and final settlement, which shall be paid
as follows:
a) The Complainant/Respondent is entitled to withdraw the
sum of Rs.30,000/- (Rupees Thirty Thousand Only), with
accrued interest (if any), deposited by the Accused/Petitioner
before the Trial Court.
b) The balance sum of Rs.60,000/- (Rupees Sixty Thousand
Only) shall be paid by the Accused/Petitioner in two
instalments i.e., Rs.30,000/- (Rupees Thirty Thousand Only)
on or before 10.10.2025 and remaining Rs. 30,000/- (Rupees
Thirty Thousand Only) on or before 25.11.2025 to the
Complainant/Respondent.
c) In default of the Accused/Petitioner in paying the amount
as above, the Complainant/Respondent is at Liberty to
recover the same by the issue of FLW, against the Accused/in
accordance with law."
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5. The alleged offence for which petitioner has been
convicted is compoundable. Having regard to the settlement
arrived between the parties and also considering the prayer
made in the memorandum of agreement dated 10.09.2025,
the prayer made by the parties to permit them to
compound the offence needs to be granted. Consequently,
the criminal revision petition is allowed and the impugned
judgment and order of conviction and sentence passed by
the Court of Senior Civil Judge and JMFC, Haliyal, in CC
No.21 of 2021 dated 20.07.2022 which is confirmed by the
judgment and order dated 02.03.2023 passed by the Court
of I Additional District and Sessions, Uttara Kannada,
Karwar, are set aside.
6. The petitioner is acquitted for the offence
punishable under Section 138 of the Negotiable Instruments
Act and bail bond, if any, executed by her stands cancelled.
The respondent-complainant is permitted to withdraw the
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amount of ₹30,000/- deposited by the petitioner before the
trial Court.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
VMB
CT:BCK
