- 1 - NC: 2025:KHC:1009 CRL.RP No. 1483 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.1483 OF 2016 BETWEEN: SRI.C.R.NAGESH S/O RUDREGOWDA AGED 45 YEARS R/AT SRI MANJUNATHA SWAMY PRASANNA SRI RAMALINGESWARA NILAYA NEAR CHETHANA CONVENT EEDIGARA COLONY NEAR DATTATREYA COMPOUND LAKSMIPURA ARASIKERE HASSAN DISTRICT-573103 …PETITIONER (BY SRI SADASHIVAIAH K G, ADVOCATE) AND: SRI.PRASHANTH C.V S/O M.K.VENKATESH MURTHY AGED 35 YEARS R/AT SRI KAMAKSHI NILAYA K.T.STREET, ARASIKERE HASSAN-573103 …RESPONDENT (BY SRI P BUMESH, ADVOCATE FOR SRI R B DESHPANDE, ADVOCATE) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1009 CRL.RP No. 1483 of 2016 THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PETITIONER TO SET ASIDE THE ORDERS PASSED BY THE III ADDL. DIST. AND S.J., HASSAN IN CRL.A.NO.50/2016 DATED 19.10.2016 AND ETC. 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 The learned counsel appearing for the petitioner files a memo stating that the petitioner is convicted for the offence punishable under Section 138 of N.I. Act and sentenced to pay a sum of Rs.3,85,000/- as fine amount and Rs.3,000/- to be paid to the State. The petitioner preferred an appeal challenging the order of the Trial Court and also paid 10% of the fine amount. In terms of the order passed by this Court 40% of the fine amount already been paid including the amount already been paid before the Trial Court and hence, the petitioner has paid a sum of Rs.1,55,200/- as against a sum of Rs.3,88,000/- and remaining amount payable is Rs.2,32,800/-. It is further submitted that the petitioner is unable to pay the - 3 - NC: 2025:KHC:1009 CRL.RP No. 1483 of 2016 said amount at a time and seeks leave of this Court to grant three equal installments in a sum of Rs77,600/- and the same is payable on 25.01.2025, 25.02.2025 and 25.03.2025. 2. The counsel for the respondent is present and not filed any objection to the said memo. The counsel for respondent also agrees for receipt of the balance amount by installments as sought by the petitioner i.e., three installments as mentioned above and seeks for conditional order. 3. Having considered the memo and also no objection by the counsel for the respondent, the impugned order dated 03.02.2016 passed in C.C.No.263/2014 by the Trial Court is set aside subject to condition to make the balance payment of Rs.2,32,800/- in three installments on 25.01.2025, 25.02.2025 and 25.03.2025. If the petitioner fails to pay the balance amount in three installments as sought, the petitioner will not enure the benefit of this order and he has to undergo sentence and pay the amount - 4 - NC: 2025:KHC:1009 CRL.RP No. 1483 of 2016 as ordered by the Trial Court. Accordingly, the petition is disposed of. 4. Amount in deposit, if any, is ordered to be paid in favour of the respondent on proper identification and the petitioner will not object for the same. 5. In the impugned order of conviction and sentence, an order is passed to defray the amount of Rs.3,000/- to the State. Hence, the Trial Court is directed that while releasing the amount deposited in the respective dates in favour of the respondent, defray the amount of Rs.3,000/- and pay the balance amount in favour of the respondent on proper identification. 6. Registry is directed to send the records to the Trial Court forthwith. Sd/- (H.P.SANDESH) JUDGE SN