- 1 - HC-KAR NC: 2025:KHC:25124 CRL.RP No. 1460 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION NO. 1460 OF 2019 BETWEEN: P. SUSHEELAMMA D/O K. JAVANAIAH, AGED ABOUT 48 YEARS, R/AT CHAMUNDESHWARI NAGAR, 8TH CROSS, MANDYA CITY - 571 401. …PETITIONER (BY SRI. VEERESHA, ADVOCATE FOR SRI. CHANDRASHEKAR H.B, ADVOCATE) AND: KEMPEGOWDA, S/O BOREGOWDA, AGED ABOUT 53 YEARS, R/AT GULIKOPPALU VILLAGE, MANDYA TALUK - 571 401. …RESPONDENT (RESPONDENT - KEMPEGOWDA SERVED) THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 31.05.2019 PASSED BY THE LEARNED IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA IN CRL.A.NO.4/2019 AND THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 12.10.2018 PASSED BY THE LEARNED II ADDITIONAL CIVIL JUDGE AND JMFC AT MANDYA IN C.C.NO.957/2017 AND CONSEQUENTLY DISMISS THE COMPLAINT IN TO. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25124 CRL.RP No. 1460 of 2019 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER The petitioner - accused has been convicted for offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as `N.I. Act’) and sentenced to pay a fine of Rs.2,00,000/- and in default to undergo simple imprisonment for six months. Out of the said fine amount, a sum of Rs.1,95,000/- has to be paid to the complainant as compensation and Rs.5,000/- has to be appropriated to the State. The said judgment of conviction has been challenged by the petitioner-accused before the Sessions Court in Crl.A.No.4/2019 and the same has been dismissed on merits affirming the judgment of conviction and order of sentence. 2. Learned counsel for the petitioner submits that he has paid Rs.70,000/- to the complainant prior to the judgment and the complainant in that regard has filed a memo dated 06.08.2020 before the Trial Court and the - 3 - HC-KAR NC: 2025:KHC:25124 CRL.RP No. 1460 of 2019 same has been recorded in the order sheet of the Trial Court on 11.08.2020. Learned counsel further submits that the petitioner has deposited balance amount of fine of Rs.1,30,000/- before the Trial Court on 21.11.2020. The order sheet of the Trial Court indicate the same that the petitioner has deposited a sum of Rs.1,30,000/- on 21.11.2020. The complainant has withdrawn a sum of Rs.1,25,000/- out of Rs.1,30,000/- deposited by the petitioner and it is reflected in the order sheet of the Trial Court dated 09.04.2021 and 02.06.2021. The balance amount of Rs.5,000/- has been appropriated to the State. 3. Considering the above aspect, the petitioner has paid entire fine amount of Rs.2,00,000/- as per the judgment dated 12.10.2018 passed in C.C.N0.957/2017 and affirmed in Crl.A.No.4/2019. In view of the payment of entire fine amount, there is no need for continuation of this Criminal Revision Petition. Hence, this Criminal Revision Petition is disposed of. - 4 - HC-KAR NC: 2025:KHC:25124 CRL.RP No. 1460 of 2019 4. In view of the above, bailable warrant issued to the respondent is recalled. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE GSR List No.: 1 Sl No.: 34 CT: BHK