Sri. Appasab S/O Sadashiv Mokashi vs Sri Malkari S/O Gangappa Mali
2026 Latest Caselaw 489 Kant

Karnataka High Court

Sri. Appasab S/O Sadashiv Mokashi vs Sri Malkari S/O Gangappa Mali on 23 January, 2026

Author: V.Srishananda

Bench: V.Srishananda

                                                   -1-
                                                                NC: 2026:KHC-D:710
                                                         CRL.RP No. 100165 of 2025


                      HC-KAR



                       IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

                         DATED THIS THE 23RD DAY OF JANUARY, 2026

                                            BEFORE

                          THE HON'BLE MR. JUSTICE V.SRISHANANDA

                      CRIMINAL REVISION PETITION No.100165 OF 2025
                                   (397(CR.PC)/438(BNSS))

                      BETWEEN:

                      SRI. APPASAB S/O SADASHIV MOKASHI
                      AGE. 51 YEARS, OCC. AGRICULTURE
                      R/O. BYADARHATTI, TQ. ATHANI
                      DIST. BELAGAVI-591304.
                                                                        ...PETITIONER
                      (BY SRI. RAMACHANDRA A. MALI, ADVOCATE)

                      AND:

                      SRI MALKARI S/O GANGAPPA MALI
                      AGE. 57 YEARS, OCC. AGRICULTURE
                      R/O. CHAMAKERI, TQ. ATHANI
                      DIST. BELAGAVI-591304.
                                                                       ...RESPONDENT
                      (BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
                            THIS CRIMINAL REVISION PETITION IS FILED U/SEC.438 R/W
Location: HIGH
COURT OF
                      442 OF BNSS, 2023 (SECTION 397 R/W. SEC. 401 OF CR.P.C.)
KARNATKA
DHARWAD BENCH         PRAYING TO CALL FOR THE RECORDS IN C.C.NO.317/2016 ON THE
Date: 2026.01.27
12:58:59 +0530        FILE OF THE I ADDL. CIVIL JUDGE AND JMFC., ATHANI AND ALSO THE
                      RECORDS IN CRIMINAL APPEAL NO.10053/2024 ON THE FILE OF XI
                      ADDL. SESSIONS JUDGE, BELAGAVI SITTING AT ATHANI AND SET
                      ASIDE THE JUDGMENT /ORDER OF CONVICTION AND SENTENCE
                      DATED 26.10.2024 MADE IN C..C NO. 317/2016 PASSED BY THE I
                      ADDL. CIVIL JUDGE AND JMFC., ATHANI FOR THE OFFENCE P/U/S 138
                      N.I. ACT AND ALSO THE JUDGMENT AND ORDER CONFIRMING THE
                      CONVICTION AND SENTENCE DATED 28.02.2025 MADE IN CRIMINAL
                      APPEAL NO.10053/2024 PASSED BY THE XI ADDL. SESSIONS JUDGE,
                      BELAGAVI SITTING AT ATHANI AS THE SAME BEING NOT
                      SUSTAINABLE IN LAW.
                                 -2-
                                                NC: 2026:KHC-D:710
                                      CRL.RP No. 100165 of 2025


HC-KAR



    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

                         ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

I.A.No.1/2025 stands disposed of in view of the memo filed

by learned counsel for the petitioner, on which, there is an

endorsement 'no objection'.

2. Learned counsel for the petitioner has filed the memo

signed by the petitioner and his counsel. The memo reads as

under:

"The petitioner above named submits as under :-

That the petitioner has filed the above petition challenging the judgment/order dtd. 26-10-2024 made in C.C. No. 317/2016 passed by the I Addl. Civil Judge & JMFC Athani and the judgment /order of conviction and sentence dtd. 28-02-2025 made in Criminal Appeal No. 10053/2024 passed by the XI ADDL. Sessions Judge Belagavi sitting at Athani wherein the Learned First Appellate Court while confirming the order of conviction passed by the Trial Court convicting the petitioner for the offence punishable u/sec. 138 of N.I. Act, sentenced the petitioner to pay fine of Rs. 5,05,000/- and in default of payment of fine amount, sentenced the petitioner to undergo simple imprisonment for 6 months and further directed that out of fine amount deposited by the petitioner Rs. 5,00,000/- to be paid to the complainant as compensation and remaining Rs. 5,000/- to the state towards fine.

NC: 2026:KHC-D:710

HC-KAR

1. That the petitioner hereby undertakes to pay the cheque/compensation amount of Rs. 5,00,000/- to the complainant respondent in four equal monthly installments as follows :-

1. Rs. 1,25,000/- on or before 25th of Feb. 2026

ii. Rs. 1,25,000/- on or before 25th of March 2026

Rs. 1,25,000/- on or before 25th April 2026

iv. Rs. 1,25,000/- on or before 25th May 2026.

Hence this Hon'ble Court may be pleased to pass appropriate orders accepting the above memo and enlarge the petitioner on bail by suspending the sentence dtd. 28-02-2025 made in Criminal Appeal No. 10053/2024 passed by the XI ADDL. Sessions Judge Belagavi sitting at Athani in the interest of the justice."

3. Placing the memo on record, Revision petition stands

disposed of.

4. It is made clear that if the amount as agreed in the memo

is not paid, respondent is at liberty to execute the Order, in

accordance with law.

Sd/-

(V.SRISHANANDA) JUDGE

kcm CT-CMU LIST NO.: 2 SL NO.: 13