Citation : 2026 Latest Caselaw 3242 Kant
Judgement Date : 15 April, 2026
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NC: 2026:KHC-K:3274
CRL.RP No. 200046 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL REVISION PETITION NO. 200046 OF 2025
(397(Cr.PC)/438(BNSS)
BETWEEN:
M VRASAHB HAJARE
@ VRASHAB MOHAL HAJARE
S/O MOHAN, AGE: 50 YEARS
OCC: BUSINESS, R/O H.NO.3-7-41
BEROON QUILLA, RAICHUR-584101
...PETITIONER
(BY SMT. NEEVA M CHIMKOD, ADVOCATE)
AND:
AMBADAS S/O RAMESH
AGE: 32 YEARS, OCC: BUSINESS
Digitally signed by
SHIVALEELA R/O H.NO.4-2-143/22, MANGALVARPET
DATTATRAYA UDAGI
Location: HIGH
RAICHUR-584101
COURT OF ...RESPONDENT
KARNATAKA
(BY SRI. ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
THIS CRL.RP IS FILED U/S 397 (1) OF CR.P.C (OLD),
U/SEC. 438 R/W 442 OF BNSS (NEW), PRAYING TO CALL FOR
THE RECORDS AND SET-ASIDE THE IMPUGNED JUDGMENT
DATED 11.03.2025 PASSED BY THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE, AT RAICHUR IN CRL.A.NO.4/2025 AND THE
JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED
08.10.2024 PASSED BY THE PRL. CIVIL JUDGE AND J.M.F.C-II
RAICHUR IN C.C.NO.3289/2022 FOR THE OFFENCE
PUNISHABLE U/SEC. 138 OF N.I. ACT CONSEQUENTLY ACQUIT
THE PETITIONER.
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NC: 2026:KHC-K:3274
CRL.RP No. 200046 of 2025
HC-KAR
THIS PETITION, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL ORDER
This criminal petition is filed under Section 438 r/w
442 of Bharatiya Nagarik Suraksha Sanhita, 2023, to set
aside the impugned judgment dated 11.03.2025 passed by
the Principal District and Sessions Judge, at Raichur in
Crl.A.No.04/2025 and the judgment of conviction and
order of sentence dated 08.10.2024 passed in
C.C.No.3289/2022 by the Principal Civil Judge and JMFC-
II, Raichur for the offence punishable under Section 138 of
NI Act.
2. The application is filed under Section 147 of N.I.
Act, by the learned counsel for the petitioner. The affidavit
of Sri.Vrashab Hajare @ Vrashab is also filed.
3. The petitioner/accused along with his learned
counsel are present before the Court. Learned counsel for
the respondent is also present.
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HC-KAR
4. Learned counsel appearing for the petitioner
and respondent No.2 filed memorandum of application
under Section 147 of Negotiable Instrument Act, 1881,
seeking permission to compound the offences and to set
aside the order of both the Courts.
5. As per Order sheet dated 24.11.2025,
Rs.50,000/- was paid by the petitioner to the learned
counsel for respondent. The revision petitioner has paid an
amount of Rs.2,00,000/- by cash to the learned counsel
for respondent. The learned counsel for respondent
acknowledges the same. Accordingly, the revision
petitioner has paid total sum of Rs.2,50,000/- which is the
cheque amount.
6. The learned counsel for respondent has filed a
memo with regard for having received the total amount of
Rs.2,50,000/-, wherein it is stated that the respondent has
no objection to acquit the accused by recording the
compromise. The learned counsel for the respondent has
also endorsed on application filed under Section 147 of NI
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HC-KAR
Act, that the respondent has no objection to record the
compromise and acquit the accused. The alleged
commission of offence under Section 138 of NI Act is
compoundable in nature. Hence, the petitioner and
respondent are permitted to compound the offences.
Accordingly, I proceed to pass the following:
ORDER
(a) The petition is allowed.
(b) Consequently, the application under Section 147 of Negotiable Instrument Act, 1881,is allowed. The compromise is recorded.
(c) The judgment of conviction and order of sentence dated 08.10.2024 passed in C.C.No.3289/2022 by the Principal Civil Judge and JMFC-II, Raichur, which was confirmed in Criminal Appeal No.4/2025 by the learned Principal District and Sessions Judge, Raichur, dated 11.03.2025, are hereby set aside.
(d) Revision petitioner/accused is acquitted for the offence punishable under Section 138 of NI Act.
(e) The bail bond of the accused and that of his sureties, if any, stand cancelled.
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HC-KAR
(f) The fine amount, if any, deposited by the revision petitioner shall be refunded to him on due identification.
Registry is directed to send the copy of this order to the
Trial Court along with the trial Court records.
Sd/-
(G BASAVARAJA) JUDGE
MSR List No.: 1 Sl No.: 34
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