- 1 - NC: 2025:KHC:5264 CRL.RP No. 1359 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.1359 OF 2021 BETWEEN: AZAZ AHAMMED AJAZ AHMED S/O SHOWKATH ALI AGED ABOUT 44 YEARS OWNER OF EMPIRE COMPUTER D. No.1274/1, 6TH CROSSS HADADI ROAD, SRINIVASA NAGAR DAVANGERE 577002 …PETITIONER (BY SRI SATISHCHANDRA R, ADVOCATE) AND: A.V. JAYARAJ S/O LATE A G VEERANNA AGED ABOUT 62 YEARS BUSINESS, R/O D No.2280 7TH MAIN, 1ST CROSS MCC A BLOCK DAVANAGERE - 577004 …RESPONDENT (BY SRI S GANGADHARA AITHAL, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5264 CRL.RP No. 1359 of 2021 PASSED IN CRL.A.NO.29/2019 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE DATED 08.06.2020 AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.P.SANDESH ORAL ORDER This petition is called twice that is in the morning sessions and in the afternoon session but none appears for the respondent and the counsel for the petitioner present in both the sessions. 2. This matter is listed for admission. Heard the learned counsel for the petitioner. 3. It has to be noted that the trial court convicted the petitioner for the offence punishable under Section 138 of NI Act wherein sentence was imposed to pay a fine of Rs.45,000/- and apart from that ordered to undergo for simple imprisonment for six months and in default, shall undergo for simple imprisonment for further six months. - 3 - NC: 2025:KHC:5264 CRL.RP No. 1359 of 2021 4. The counsel for the petitioner submits that entire amount of Rs.45,000/- is deposited as per the directions given by this Court and hence, this Court can exercise the revisional jurisdiction to modify the judgment of the trial court in view of payment of entire fine amount by setting aside the imprisonment. 5. When the matter was taken up for admission, the respondent did not choose to appear before this Court through the counsel or in person. Having taken note of the fact that when the order was passed and same is complied and the Court has to take note of the very object of bringing the enactment under Section 138 of NI Act and the same is to recovery of amount in a speedy trial. When the case was filed in the year 2017 for non-payment of amount on demand, the proceeding was initiated and cheque amount was Rs.40,000/- and the trial court imposed the fine of Rs.45,000/-. When such being the case, instead of subjecting the petitioner for simple imprisonment, it is appropriate to modify the sentence - 4 - NC: 2025:KHC:5264 CRL.RP No. 1359 of 2021 setting aside the same in view of compliance of the order of this Court having deposited the entire fine amount of Rs.45,000/-. Accordingly, the sentence is modified by allowing this petition in part. 6. In view of the discussions made above, I pass the following: ORDER The revision petition is allowed in part. Sentence of six months imprisonment is set aside in view of payment of entire fine amount of Rs.45,000/-. Accordingly, the sentence passed by the trial court in C.C. No.830/2017 dated 07.03.2019 is hereby modified. Sd/- (H.P.SANDESH) JUDGE SN