- 1 - NC: 2025:KHC:5208 CRL.RP No. 416 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 416 OF 2017 BETWEEN: 1. RAGHURAM T.C., S/O. CHANDRASHEKHRIAH AGED ABOUT 43 YEARS, RESIDING AT DOOR NO.6/122, OPPOSITE K.E.B ., SURATKAL BAJPE ROAD, IDYA, P.O. SURATHKAL, MANGALORE TALUK-570 102. …PETITIONER (BY SRI. M.RAJASHEKAR, ADVOCATE) AND: 1. M/S. GOKULAM CHITS AND FINANCE PVT. LTD., SRI. GOKULAM TOWERS, NO.66, ARCOT ROAD, CHENNAI-24 BRANCH OFFICE AT 2ND FLOOR, KUNIL COMPLEX, BENDOORWELL KANKANADY POST MANGALORE – 575 002 RERPESENTED BY LEGAL SUPERINTENDENT AND GENERAL POWER OF ATTORNEY HOLDER MR. JANARDHANA DEVADIGA …RESPONDENT (BY SRI. H.K.SINGH, ADVOCATE – [ABSENT]) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5208 CRL.RP No. 416 of 2017 THIS CRL.RP IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 11.12.2015 PASSED BY THE I ADDITIONAL CIVIL JUDGE AND J.M.F.C., MANGALURU, D.K. IN C.C.NO.1564/2010 AND ALSO SET ASIDE THE ORDER DATED 9.12.2016 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU IN CRL.A.NO.10/2016. THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER 1. Heard the learned counsel for revision petitioner and the learned counsel for the respondent is absent. 2. This revision petition is filed against the concurrent finding of the Trial Court as well as First Appellate Court wherein offence under Section 138 of N.I Act was invoked and convicted and directed to pay fine of Rs.1,81,340/-. In default of payment of fine the accused shall undergo simple imprisonment for a period of six month. 3. The learned counsel for revision petitioner submits that he has already made the payment of 50% of the amount. The counsel would submits that if the Court - 3 - NC: 2025:KHC:5208 CRL.RP No. 416 of 2017 waive of the amount of Rs.10,000/- ordered to pay the same to the State, he is going to deposit the difference amount of Rs.81,340/-. 4. Having perused the records also it discloses that in the complaint it is stated that on 05.02.2010 on accused had issued the Cheque in favour of the complainant towards full and final settlement of the amount due by Mr.Jayram Shanbhog. The counsel also submits that he was only a guarantor and he issued the Cheque for an amount of Rs.90,670/-. The counsel would contend that the Trial Court passed an order for doubling the amount and when such order was passed by the Trial Court, doubling the amount of Cheque wherein directed to pay an amount of Rs1,81,340/- and having consider the said fact into consideration and also the counsel for respondent is not present before the Court and when the transaction was taken place in the year 2010 and petitioner is only a guarantor and no doubt there is a co- extensive liability and having considered the same and - 4 - NC: 2025:KHC:5208 CRL.RP No. 416 of 2017 also in view of the submission of the appellant’s counsel and reduced the amount from Rs.1,81,340/- to Rs.1,71,340/- and out of that an amount of Rs.10,000/- shall defrayed to the State and remaining amount of Rs.1,61,340/- is payable to the respondent/complainant and already 50% of the amount has been paid and hence ordered to pay difference amount before the Trial Court. If amount is deposited, the Trial Court is directed to defray an amount of Rs.10,000/- to the State and pay the balance amount in favour of the complainant/respondent. Accordingly, the revision petition is disposed of. 5. The Registry is directed to send Trial Court records and First Appellate Court records forthwith. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 66