- 1 - HC-KAR NC: 2025:KHC-K:3707 CRL.RP No. 200116 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 08TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION No.200116 OF 2024 (397(Cr.PC)/438(BNSS)) BETWEEN: RAMESH S/O DAGADU PAWAR, AGE: 43 YRS, OCC: BUSINESS, R/O.MADYAL TANDA, TQ. ALAND DIST. KALABURAGI-585302. …PETITIONER (BY SRI. RAMCHANDRA K., ADVOCATE) AND: ARAVIND CHAVAN S/O KISHAN, AGE:34 YEARS, OCC: ENGINEER PRIVATE WORK, R/O. SANGAMESHWAR LAYOUT, NEAR SAI MANDIR JEWARGI ROAD, KALABURAGI-585102. …RESPONDENT (BY SRI. PRAVEEN KUMAR M., ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401,OF CR.P.C(OLD) U/SEC 438 R/W 442 OF BNSS ACT, PRAYING TO CALL FOR THE ENTIRE RECORDS IN CRIMINAL APPEAL NO. 38/2023 ON THE FILE OF DISTRICT AND SESSION JUDGE AT KALABURAGI AND ALSO RECORDS IN C.C NO.5278/2016 ON THE FILE OF IV ADDL. CIVIL JUDGE AND JMFC AT KALABURAGI AND SET ASIDE BOTH THE IMPUGNED ORDERS AND CONSEQUENTLY ACQUIT THE REVISION PETITIONER BY ALLOWING THE PRESENT REVISION PETITION FOR THE OFFENCE U/SEC 138 OF N.I ACT. Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3707 CRL.RP No. 200116 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Gourish S Khashampur, for Sri K Ramchandra, learned counsel for the petitioner. None appears on behalf of the respondent. 2. The present petition is by the accused who suffered an order of conviction in C.C.No.5278/2016 dated 05.04.2023 on the file of the IV Addl. Civil Judge and JMFC, Kalaburagi, wherein, petitioner has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and imposed fine in a sum of Rs.4,10,000/- as against cheque amount of Rs.2,90,000/-. 3. Out of the fine amount of Rs.4,10,000/-, a sum of Rs.4,05,000/- was ordered to be paid as compensation to the complainant and balance sum of Rs.5,000/- was ordered to be paid towards defraying expenses of the State. - 3 - HC-KAR NC: 2025:KHC-K:3707 CRL.RP No. 200116 of 2024 4. The Order of conviction and sentence was subject matter of Crl.A. No.38/2023 on the file of the III Addl. District and Sessions Judge, Kalaburagi, as the accused has challenged the validity of the order of conviction passed by the learned Trial Judge. 5. Learned Judge in the First Appellate Court after securing the records, heard the arguments of the parties in detail and by the judgment dated 30.01.2024, dismissed the appeal. 6. Being further aggrieved by the same, accused is before this Court. 7. Learned counsel for the petitioner reiterating the grounds urged in the petition, vehemently contended that both the Courts have not properly appreciated the material on record and wrongly convicted the accused and sought for allowing the petition. 8. In the light of the argument putforth on behalf of the petitioner, this Court perused the material on record, meticulously, as learned counsel for the respondent failed to address the arguments. - 4 - HC-KAR NC: 2025:KHC-K:3707 CRL.RP No. 200116 of 2024 9. On such perusal of the material on record, the cheque marked at Ex.P.1 came to be dishonoured with an endorsement ‘funds insufficient’ as per Ex.P.2. Legal notice came to be issued vide Ex.P.3 and same is not replied by the accused. 10. Signature found in Ex.P.1 is that of the accused, is established and there is no dispute. Therefore, learned Trial Judge was justified in raising the presumption under Section 139 of the Negotiable Instruments Act. No doubt, it is a rebuttable presumption. 11. But, accused has failed to place any oral or documentary evidence on record to rebut the presumption available to the complainant. 12. Mere suggestion to the complainant in the cross- examination that the cheque did not cover the legally recoverable debt was not sufficient to rebut the presumption available to the complainant. 13. Accordingly, this Court is of the considered opinion that the Order of conviction recorded by the Trial Court confirmed by the First Appellate Court needs no interference. - 5 - HC-KAR NC: 2025:KHC-K:3707 CRL.RP No. 200116 of 2024 14. However, since the lis is privy to the parties and no State machinery is involved, imposition of Rs.5,000/- towards defraying expenses of the State cannot be countenanced in law. 15. Accordingly, the following: ORDER (i) Criminal Revision Petition is allowed in part. (ii) While maintaining the conviction of the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, fine ordered by the Trial Court confirmed by the First Appellate Court is reduced from Rs.4,10,000/- to Rs.4,05,000/-. (iii) Entire fine amount of Rs.4,05,000/- is ordered to be paid as compensation to the complainant. (iv) Time is granted for the petitioner to pay the compensation amount till 31st August 2025. (v) Balance sum of Rs.5,000/- ordered tobe paid to the State towards defraying expenses is hereby set- aside. (vi) Failure to pay the fine amount, imprisonment ordered by the Trial Court confirmed by the First Appellate Court stands restored automatically. - 6 - HC-KAR NC: 2025:KHC-K:3707 CRL.RP No. 200116 of 2024 (vii) Registry is directed to return the Trial Court Records, forthwith, for issuing modified conviction warrant. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 49 CT:PK