- 1 - NC: 2025:KHC-D:6446 CRL.RP No. 100263 of 2019 C/W CRL.RP No. 100264 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100263 OF 2019 (397(CR.PC)/438(BNSS)) C/W CRIMINAL REVISION PETITION NO.100264 OF 2019 IN CRL.RP.NO.100263/2019: BETWEEN: SRI. DEVARADDY @ DEVAPPA S/O. SANNAHANUMAPPA @ HANUMANTHAPPA YOGI, AGE: 54 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. YAREKUPPI, TQ. RANEBENNUR, DIST. HAVERI-581115. …PETITIONER (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE) AND: SRI. CHANNAMALLAYYA S/O. GADIGEYYA HIREMATH, AGE: 60 YEARS, OCC. MEDICAL AND AGRICULTURE, R/O. BENCHINMARADI, RANEBENNUR, TQ. RANEBENNUR, DIST. HAVERI-581115. …RESPONDENT (BY SRI. G.S. HULAMANI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT AND ORDER OF SENTENCE DATED 09.09.2019 IN CRL.A.NO.37/2015 PASSED BY THE II-ADDL. DIST. & SESSIONS JUDGE, HAVERI (SITTING AT RANEBENNUR) AND SET ASIDE THE JUDGMENT AND ORDER OF SENTENCE DATED 20.04.2015 IN C.C.NO.630/2007 PASSED BY THE ADDL. CIVIL MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.22 14:44:08 +0530 - 2 - NC: 2025:KHC-D:6446 CRL.RP No. 100263 of 2019 C/W CRL.RP No. 100264 of 2019 JUDGE & II-ADDL. JMFC COURT, RANEBENNUR AND ACQUIT THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NI ACT, BY ALLOWING THE REVISION PETITION AS PRAYER FOR WITH COST. IN CRL.RP.NO.100264/2019: BETWEEN: SRI. DEVARADDY @ DEVAPPA S/O. SANNAHANUMANTHAPPA YOGI, AGE: 54 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. YAREKUPPI, TQ. RANEBENNUR, DIST. HAVERI-581115. …PETITIONER (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE) AND: SRI. CHANNAMALLAYYA S/O. GADIGEYYA HIREMATH, AGE: 60 YEARS, OCC. MEDICAL AND AGRICULTURE, R/O. BENHINMARADI, RANEBENNUR, TQ. RANEBENNUR, DIST. HAVERI-581115. …RESPONDENT (BY SRI. G.S. HULAMANI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT AND ORDER OF SENTENCE DATED 09.09.2019 IN CRL.A.NO.35/2015 PASSED BY THE II-ADDL. DIST. & SESSIONS JUDGE AT HAVERI (SITTING AT RANEBENNUR) AND SET ASIDE THE JUDGMENT AND ORDER OF SENTENCE DATED 20.04.2015 IN C.C.NO.630/2007 PASSED BY THE ADDL. CIVIL JUDGE & II-ADDL. JMFC COURT, RANEBENNUR AND ACQUIT THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NI ACT, BY ALLOWING THE REVISION PETITION AS PRAYED FOR WITH COST. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:6446 CRL.RP No. 100263 of 2019 C/W CRL.RP No. 100264 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Hanumanthareddy Sahukar, learned counsel for the revision petitioner and Sri.G.S.Hulamani, learned counsel for the respondent. 2. These two revision petitions are filed by the accused challenging the order passed by the learned Judge in the First Appellate Court and learned Trial Magistrate. 3. Facts in brief which are utmost necessary for disposal of the revision petitions are as under: In respect of dishonored cheque, accused was prosecuted and after due trial, he was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and as against the cheque amount of Rs.3,00,000/-, after giving deduction of Rs.1,00,000/- which was proved, the Trial Court imposed fine of Rs.3,00,000/- for the balance amount of Rs.2,00,000/- covered under the cheque. - 4 - NC: 2025:KHC-D:6446 CRL.RP No. 100263 of 2019 C/W CRL.RP No. 100264 of 2019 4. Being aggrieved by the same, both complainant and accused filed appeals before the First Appellate Court in Crl.A.Nos.35/2015 and 37/2015 respectively. 5. Learned Judge in the First Appellate Court dismissed the appeal filed by the accused and allowed the appeal filed by the complainant and imposed double the balance amount covered under the cheque that is Rs.6,05,000/-, out of which sum of Rs.6,00,000/- was ordered to be paid as compensation to the complainant and balance sum of Rs.5,000/- towards defraying expenses of the State. 6. Being further aggrieved by the same, accused is before this Court, in these two revision petitions. 7. Learned counsel for the revision petitioners reiterating the grounds urged in the revision petitions, sought for allowing the revision petition. 8. Per contra, learned counsel for the respondents supports the order of the First Appellate Court. - 5 - NC: 2025:KHC-D:6446 CRL.RP No. 100263 of 2019 C/W CRL.RP No. 100264 of 2019 9. Having heard the parties in detail, this Court perused the material on record meticulously. 10. On such perusal of the material on record, it is crystal clear that sum of Rs.1,00,000/- that was paid towards the amount covered under the cheque, learned Trial Magistrate was justified in deducting sum of Rs.1,00,000/- from the cheque amount and ordered fine amount of Rs.3,00,000/- to be paid as compensation to the complainant as against the remaining amount of Rs.2,00,000/-. 11. But learned Judge in the First Appellate Court did not agree with the deduction of Rs.1,00,000/- in the cheque amount and took the face value of the cheque amount in a sum of Rs.3,00,000/- and imposed double the cheque amount as the fine amount and sum of Rs.5,000/- towards defraying expenses of the State. Same is impermissible in law. - 6 - NC: 2025:KHC-D:6446 CRL.RP No. 100263 of 2019 C/W CRL.RP No. 100264 of 2019 12. Further, since there is no State machinery involved, as lis is privy to the parties, imposition of fine of Rs.5,000/- towards defraying expenses of the State is totally uncalled for. 13. Further, since the accused has proved that sum of Rs.1,00,000/- had been paid by placing necessary oral and documentary evidence on record, order of the learned Trial Magistrate needs to be restored by setting aside the order of the First Appellate Court in Crl.A.No.35/2015. 14. Accordingly, from the above discussion, following: ORDER i. Crl.RP.No.100263/2019 is dismissed. ii. Crl.RP.No.100264/2019 is allowed in part. iii. Consequently, order passed in Crl.A.No.35/2015 is modified by directing the accused to pay sum of Rs.3,00,000/- as the fine amount as against the balance amount covered under the cheque to the extent of Rs.2,00,000/-. - 7 - NC: 2025:KHC-D:6446 CRL.RP No. 100263 of 2019 C/W CRL.RP No. 100264 of 2019 iv. Time is extended till 15.05.2025 to pay the balance fine amount. v. Failure to pay the balance amount of compensation, accused shall undergo simple imprisonment for a period of one year. vi. Payment of fine of Rs.5,000/- imposed by the First Appellate Court towards defraying expenses of the State is hereby set aside. vii. Office is directed to return the Trial Court Records with copy of this order forthwith. Sd/- (V.SRISHANANDA) JUDGE KAV CT:PA LIST NO.: 2 SL NO.: 39