- 1 - NC: 2025:KHC-D:5658 CRL.RP No. 100164 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100164 OF 2022 (397(CR.PC)/438(BNSS)) BETWEEN: SRI MARUTHI S/O. SHIVAJAPPA BANDWALKAR, AGE: 47 YEARS, OCC. SERVICE AT NATIONAL INSURANCE COMPANY, HAVERI, R/O. NEAR BHAKTI BHANDARI SCHOOL, UDAY NAGAR, HAVERI, TQ. HAVERI, DIST. HAVERI, PIN CODE-581110. …PETITIONER (BY SRI S.M. KALWAD, ADVOCATE) AND: SRI SIDDAPPA S/O. BASHETTEPPA GUJJARI, AGE: 64 YEARS, OCC. RETD. EMPLOYEE, R/O. NEAR BHAKTI BHANDARI SCHOOL, UDAY NAGAR, HAVERI, TQ. HAVERI, DIST. HAVERI, PIN CODE-581110. …RESPONDENT (BY SRI SANTOSH NARAGUND, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C., SEEKING TO CALL FOR RECORDS AND ALLOW THIS REVISION PETITION BY SETTING ASIDE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 24.02.2022 MADE IN CRL. APPEAL NO. 20/2020 PASSED BY THE COURT OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, HAVERI, CONVICTING HIM FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND THEREBY CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION DATED 27.01.2020 MADE IN C.C.NO.129/2015 PASSED BY THE COURT OF PRINCIPAL CIVIL JUDGE AND JMFC, HAVERI. V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.29 11:52:57 +0530 - 2 - NC: 2025:KHC-D:5658 CRL.RP No. 100164 of 2022 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ODER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.S.M.Kalwad, learned counsel for the revision petitioner and Sri.Santosh Naragund, learned counsel for the respondent. 2. Revision petitioner is the accused who suffered an order of conviction in C.C.No.129/2015 confirmed in Crl.A.No.20/2020 and has been convicted for the offence punishable under section 138 of the Negotiable Instrument Act, 1881 (for short, ‘the N.I.Act’) and ordered to pay fine amount of Rs.65,000/- of which sum of Rs.60,000/- was ordered to be paid as compensation and balance sum of Rs.5,000/- is towards the defraying expenses of the State. 3. Interim order granted by this Court is not complied by the revision petitioner. 4. Having heard the arguments of both sides, this Court perused the material on record meticulously. On - 3 - NC: 2025:KHC-D:5658 CRL.RP No. 100164 of 2022 such perusal of material on record, hardly there is any scope for interfering with the order of the learned trial Magistrate and confirmed by the First Appellate Court even after taking into consideration of the oral testimony of accused who has been examined as DW.1. 5. Learned Judge in the trial Court has discussed the effect of oral testimony of DW.1 in paragraph No.22 of the order of the learned trial Magistrate. Taking note of the same, this Court is of the considered opinion that having regard to the limited revisional jurisdiction, hardly there is any scope for interfering with the order of conviction passed by the trial Magistrate so also for the interference with the compensation amount. 6. However, ordering sum of Rs.5,000/- towards defraying expenses of the State cannot be countenanced in law in view of the fact that lis is privy to the parties and no State machinery is involved. 7. Accordingly, the following order is passed. - 4 - NC: 2025:KHC-D:5658 CRL.RP No. 100164 of 2022 ORDER (i) Criminal Revision Petition is allowed in part. (ii) While maintaining the conviction of the revision petitioner for the offences punishable under Section 138 of the N.I.Act fine amount is reduced from Rs.65,000/- to Rs.60,000. (iii) Entire sum of Rs.60,000/- is ordered to be paid as compensation to the complainant. (iv) Time is granted to with comply the order till 30.04.2025. (v) Failure to pay the compensation of sum of Rs.60,000/- would result in accused to undergo simple imprisonment for a period of two months. (vi) Amount in deposit is ordered to be withdrawn by the complainant under due identification. (vii) After payment of compensation amount sum of Rs.5,000/- which is imposed towards the defraying expenses of the State stands set aside. - 5 - NC: 2025:KHC-D:5658 CRL.RP No. 100164 of 2022 (viii) Office to return the Trial Court records along with a copy of this order for issuance of modified conviction warrant. SD/- (V.SRISHANANDA) JUDGE AC CT:PA LIST NO.: 2 SL NO.: 6