- 1 - NC: 2025:KHC-D:6173 CRL.RP No. 100249 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100249 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: SRI NAGARAJ G WADDARA S/O. GOVINDAPPA, AGED ABOUT 37 YEARS, R/O. SIDDARAMESHWARGALLI, HALIYAL TALUK-581329, UTTAR KANNADA DISTRICT. …PETITIONER (BY SRI. PRAVEEN P. TARIKAR, ADVOCATE) AND: SAINT MELLAGRIES CREDIT SOHARDA CO-OP LTD REPRESENTED BY ITS BRANCH MANAGER, HALIYAL BRANCH NEAR FISH MARKET HALIYAL TALUK-581329 UTTARA KANNADA DISTRICT …RESPONDENT (NOTICE SERVED TO RESPONDENT) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397(1) R/W. 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS IN CRIMINAL APPEAL NO.5003/2023 ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE UTTARA KANNADA, KARWAR SITTING AT SIRSI AND C.C.NO.67/2018 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC HALIYAL AND SET ASIDE THE IMPUGNED JUDGMENT DATED 12.04.2023 PASSED BY THE I ADDL. DISTRICT AND SESSION JUDGE UTTARA KANNADA, KARWAR, SITTING AT SIRSI IN CRIMINAL APPEAL NO.5003/2023 CONFIRMING THE ORDER PASSED IN C.C.NO.67/2018 DATED 17.12.2022 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC HALIYAL, CONVICTING THE Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6173 CRL.RP No. 100249 of 2023 PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT 1881 AND SENTENCING FINE OF RS.5,000/- AND IN DEFAULT OF PAYMENT OF FINE AMOUNT THE ACCUSED SHALL UNDERGO SIMPLE IMPRISONMENT FOR ONE MONTH AND ACCUSED SHALL PAY DOUBLE THE CHEQUE AMOUNT OF RS.1,35,358/- TO THE COMPLAINANT AS COMPENSATION WITHIN 3 MONTHS FROM THE RECEIPT OF THE ORDER COPY. THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Praveen P. Tarikar, learned counsel for revision petitioner. 2. None appears for the respondent. 3. The grievance of the revision petitioner is that without there being any special reasons, learned Trial Judge has imposed double the cheque amount as the fine, which has resulted in miscarriage of justice. 4. Taking note of the attendant facts and circumstances and the material evidence placed on record, fine amount is reduced from Rs.1,35,358/- to Rs.1,00,000/- which would meet the ends of justice in the - 3 - NC: 2025:KHC-D:6173 CRL.RP No. 100249 of 2023 absence of any special reasons assigned by the learned Trial Judge for imposing double the cheque amount. 5. Further taking note of the fact that a sum of Rs.56,000/- has been deposited before Trial Court, time is extended till 10th of May, 2025 to pay the balance amount, failing which, the order of the Trial Magistrate confirmed by the First Appellate Court stands restored automatically. 6. Accordingly, the revision petition stands disposed of. Sd/- (V.SRISHANANDA) JUDGE NAA Ct-cmu LIST NO.: 2 SL NO.: 58