- 1 - HC-KAR NC: 2025:KHC-K:2976 CRL.P No. 201621 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.201621 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: NAGARAJ S/O BASAVARAJ DORANAHALLI, AGE: 39 YEARS, OCC: PRIVATE WORK, R/O H.NO.170, KHB COLONY, NEAR YASHODA HOSPITAL, SOLAPUR ROAD, VIJAYAPURA-586 101. …PETITIONER (BY SRI DEEPAK V. BARAD, ADVOCATE) AND: ISHWAR S/O SANGAPPA BADRI, AGE: 37 YEARS, OCC: AGRI AND BUSINESS, R/O SANGAPUR (SH), TQ. BABALESHWAR, DIST.VIJAYAPURA – 586125. …RESPONDENT (RESPONDENT SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C.(OLD)/528 OF BNSS (NEW) PRAYING TO ALLOW THE ABOVE CRIMINAL PETITION AND CONSEQUENTLY BE PLEASED TO QUASH THE ORDER DATED 10-01-2024 IN C.C.NO.1183/2022 PASSED BY THE ADDL. CHIEF JUDICIAL Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2976 CRL.P No. 201621 of 2024 MAGISTRATE, VIJAYAPURA AND ALSO THE ORDER DATED 13-09-2024 PASSED BY THE I ADDL. SESSIONS JUDGE AT VIJAYAPURA IN CRIMINAL REVISION PETITION NO.20/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT AND ACQUIT THE PETITIONER FROM THE AFORESAID OFFENCES. 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 Deepak V. Barad, learned counsel for the petitioner. Respondent served and absent. 2. This petition is filed under Section 528 of BNSS, 2023 with the following prayer: “WHEREFORE, it is hereby prayed that this Hon’ble court be pleased to allow the above Criminal Petition and consequently be pleased to quash the order dated 10-01-2024 in C.C.No.1183/2022 passed by the Addl. Chief Judicial Magistrate, Vijayapura and also the order dated 13-09-2024 - 3 - HC-KAR NC: 2025:KHC-K:2976 CRL.P No. 201621 of 2024 passed by the Ist Addl. Sessions Judge at Vijayapura in Criminal Revision Petition No.20/2024 for the offence punishable under section 138 of Negotiable Instruments Act and acquit the petitioner from the aforesaid offence, in the interest of justice and equity.” 3. The facts in brief which are utmost necessary for disposal of the present petition are as under: The respondent herein being the complainant prosecuted the petitioner herein for the offence under Section 138 of the Negotiable Instruments Act. After due trial, taking note of the fact that accused failed to rebut the presumption available to the complainant as is contemplated under Section 139 of the Negotiable Instruments Act, convicted the accused for the cheque of Rs.26,23,410/- and ordered to pay compensation in a sum of Rs.26,55,000/- to the complainant. 4. Being aggrieved by the quantum of compensation, defacto complainant filed criminal revision petition No.20/2024, which on contest came to be allowed - 4 - HC-KAR NC: 2025:KHC-K:2976 CRL.P No. 201621 of 2024 by imposing the fine amount in a sum of Rs.32,00,000/-, of which Rs.25,000/- was ordered to be paid as defraying expenses of the State. 5. Being aggrieved by the same, accused is before this Court. 6. Sri Deepak V. Barad, learned counsel for the petitioner would contend that for enhancing the compensation amount from Rs.26,55,000/- to Rs.32,00,000/-, no proper reasons are forthcoming in the impugned judgment and sought for admitting petition for further consideration. 7. Since respondent/complainant is served and unrepresented, this Court perused the material on record meticulously in the light of arguments of petitioner. 8. On such perusal of the material on record, it is crystal clear that the cheque, which got dishonoured - 5 - HC-KAR NC: 2025:KHC-K:2976 CRL.P No. 201621 of 2024 belongs to the accused and the signature found therein is that of the accused. 9. The transaction is of the year 2017. Therefore, the Trial Judge committed an error in ordering a paltry sum of compensation which has been set right by the learned Judge in the revisional Court by enhancing the compensation amount from Rs.26,55,000/- to Rs.32,00,000/-. 10. However, both the Courts committed an error in ordering a sum of Rs.5,000/- as defraying expenses of the State by the Magistrate and a sum of Rs.25,000/- by the learned District Judge in the revision filed by the complainant, inasmuch as the lis is privy to the parties and no State machinery was involved in adjudication of the dispute before the Trial Magistrate. 11. Accordingly, a case is made out to set aside the awarding of Rs.25,000/- as defraying expenses of the State and balance sum of Rs.31,75,000/- is order to be - 6 - HC-KAR NC: 2025:KHC-K:2976 CRL.P No. 201621 of 2024 paid as compensation to the complaint as against the dishonour check amount of Rs.26,23,410/-. 12. With said modification, the following: ORDER (i) The petition is allowed in part. (ii) The fine amount ordered by the Trial Magistrate and modified by the first Appellate Court is further modified to a sum of Rs.31,75,000/-. (iii) The entire sum of Rs.31,75,000/- is ordered to be paid as compensation to the complainant on or before 15.07.2025, failing which, the petitioner/accused shall undergo imprisonment as ordered by the Trial Magistrate. In view of disposal of main petition, pending application, if any, does not survive for consideration. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 35 CT:PK