Disposed¶37

Shri Moshin S/O Sharif Yaragatti v. Aswami Urban Co-Ope Credit Society Ltd.

Karnataka HC8 Jul 2025CRL.RP/100112/2024

Case brief

AI extract

What is this about?

Karnataka HC Dharwad, Justice Venkatesh Naik T, CRL.RP 100112/2024, S.397/401 CrPC revision, S.138 NI Act cheque dishonour conviction, JMFC VIII Belagavi CC 313/2019, appeal dismissed by IX Addl. District & Sessions Judge Belagavi Crl.A.234/2022, conviction set aside on amicable settlement/compounding, Rs.12,00,000 full and final settlement (Rs.11,70,000 cash + Rs.30,000 RTGS), documents returned, fine Rs.10,21,907, petition disposed, pending applications disposed.

What did the court decide?

Criminal Revision Petition disposed of; in view of the settlement, the appellate judgment in Crl.A.No.234/2022 dated 31.01.2024 and the order of conviction and sentence in Criminal Case No.313/2019 dated 22.07.2022 set aside; pending applications, if any, disposed of as not surviving consideration. ¶37

Shri Moshin S/O Sharif Yaragatti Vs Aswami Urban Co-Ope… — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, in view of the amicable settlement between the petitioner and the respondent and payment of Rs.12,00,000/- in full and final settlement of the dispute, the conviction and sentence under Section 138 of the NI Act should be set aside.

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Court's answer

On the respondent's memo recording amicable settlement between the parties (payment of Rs.12,00,000/- in full and final settlement, with return of documents) and on counsel's submission, the criminal revision petition is disposed of.

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Ratio / Principle

In view of the settlement arrived at between the parties, the judgment dated 31.01.2024 of the IX Addl. District and Sessions Judge, Belagavi in Crl.A.No.234/2022 and the order of conviction and sentence passed in Criminal Case No.313/2019 dated 22.07.2022 are set aside (both instruments are named in the same operative paragraph).

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Detailed headnote1 paragraphs

High Court of Karnataka, Dharwad Bench (Venkatesh Naik T, J.) — Criminal Revision Petition No.100112 of 2024 under S.397 r/w S.401 Cr.P.C. against the judgment dated 31.01.2024 of the IX Addl. District and Sessions Judge, Belagavi in Crl.A.No.234/2022, which had dismissed the accused's appeal under S.374 Cr.P.C. and modified the sentence imposed by the JMFC-VIII, Belagavi in Criminal Case No.313/2019 (offence under S.138 N.I. Act) to a fine of Rs.10,21,907/- with default simple imprisonment of 8 months (Rs.10,16,907/- to the complainant as compensation; Rs.5,000/- to State; Trial Court had fined Rs.8,02,000/-). During the pendency of the revision, the respondent society filed a memo stating that the parties had amicably settled their dispute: the revision petitioner paid Rs.12,00,000/- in full and final settlement (Rs.11,70,000/- by cash and Rs.30,000/- by RTGS) and the respondent returned all documents. Acting on the memo and counsel's submission, the Court set aside the appellate judgment dated 31.01.2024 and the trial court's order of conviction and sentence dated 22.07.2022, disposed of the revision petition, and disposed of pending applications.

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NC: 2025:KHC-D:8479 CRL.RP No. 100112 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 8^TH DAY OF JULY, 2025

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BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T

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CRIMINAL REVISION PETITION NO. 100112 OF 2024 (397 OF Cr.PC/438 OF BNSS)

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BETWEEN:

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SHRI MOSHIN S/O. SHARIF YARAGATTI, AGE: 37 YEARS, OCC: HOTEL BUSINESS, R/O. HOUSE NO.3717/A/B, KOTWAL GALLI, TQ. AND DIST. BELAGAVI-590016.

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…PETITIONER

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(BY SRI. SANTOSH B. RAWOOT, ADVOCATE)

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AND:

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Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench

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ASWAMI URBAN CO-OP CREDIT SOCIETY LTD, KACHERI ROAD, BELAGAVI, REPRESENTED BY ITS AUTHORIZED OFFICER, SHRI NADEEM NAZIRAHMED MAKANDAR, AGE: 46 YEARS, OCC: MANAGER, R/O. C/O. AWANI SOCIETY, KACHERI ROAD, BELAGAVI, TQ. AND DIST. BELAGAVI-590016.

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…RESPONDENT

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(BY SRI. G. B. NAIK AND P. G. NAIK, ADVOCATES)

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THIS CRIMINAL REVISION PETITION IS FILED U/S.397 R/W 401 OF CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT AND ORDER PASSED BY THE IX ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, IN CRIMINAL APPEAL NO.234/2022 DATED 31.01.2024, IN DISMISSED THE APPEAL BY MODIFYING THE ORDER OF CONVICTION AND SENTENCE PASSED IN CRIMINAL CASE NO.313/2019 DATED 22.07.2022, PASSED BY THE JMFC VIII BELAGAVI, FOR THE OFFENCE PUNISHABLE U/S.138 OF N.I. ACT, BY ALLOWING THIS REVISION PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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NC: 2025:KHC-D:8479 CRL.RP No. 100112 of 2024

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

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The learned counsel for the petitioner and the respondent are present.

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The petitioner has filed this petition under Section 397 read with Section 401 of Cr.P.C. to set aside the judgment and order of sentence passed by the learned IX Additional District and Sessions Judge, Belagavi in Crl.A.No.234/2022 dated 31.01.2024, wherein the appeal preferred by the accused under Section 374 of Cr.P.C. was dismissed. The sentence of the Trial Court has been modified that the accused is hereby sentenced to pay fine amount of Rs.10,21,907/and in default to undergo simple imprisonment for a period of 8 months. Out of the fine amount of Rs.10,21,907/-, an amount of Rs.10,16,907 shall be payable to the complainant as compensation and Rs.5,000/- shall be adjusted towards state expenses though the Trial Court convicted the accused and sentenced to pay fine of Rs.8,02,000/- and in default to undergo simple

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NC: 2025:KHC-D:8479 CRL.RP No. 100112 of 2024

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HC-KAR

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imprisonment for 8 months for the offence punishable under

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Section 138 of NI Act.

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Now the learned counsel for the respondent filed

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memo for disposal which reads as under:

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“Herein the memo on behalf of the Respondent is as under:-

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That in the top noted case, the Petitioner and Respondent have amicably settled their dispute. That the revision petitioner has paid an amount of Rs.12,00,000/-(Rupees twelve lakhs only) in full and final settlement of their dispute. That the said amount has been paid by way of cash a sum of Rs.11,70,000/-(Eleven lakhs seventy thousand only) and a sum of Rs.30,000/-(Thirty thousand only) by RTGS.

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That in pursuance of the same the respondent has returned all the documents as per certificate annexed with this memo.”

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Memo is placed on record.

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In view of the memo and counsel submission, the petition is disposed of.

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4 - NC: 2025:KHC-D:8479 CRL.RP No. 100112 of 2024

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HC-KAR

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In view of the settlement, the petitioner has paid an amount of Rs.12,00,000/- in full and final settlement of their dispute. (A sum of Rs.11,70,000/- is paid by way of cash and sum of Rs.30,000/- by RTGS).

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In view of the settlement arrived at between the

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parties, the judgment passed by the learned IX Additional District and Sessions Judge, Belagavi in Crl.A.No.234/2022 dated 31.01.2024 and the order of conviction and sentenced passed in Criminal Case No.313/2019 dated 22.07.2022, is hereby set aside.

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In view of the disposal of the matter, pending applications, if any, do not survive consideration and accordingly the same are disposed off.

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Sd/(VENKATESH NAIK T) JUDGE

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HMB CT-AN List No.: 1 Sl No.: 6

Shri Moshin S/O Sharif Yaragatti v. Aswami Urban Co-Ope Credit Society Ltd.

Case brief

What is this about?

What did the court decide?

Shri Moshin S/O Sharif Yaragatti v. Aswami Urban Co-Ope Credit Society Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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