- 1 - NC: 2025:KHC-D:6417 CRL.RP No. 100233 of 2024 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.100233 OF 2024 (397(Cr.PC)/438(BNSS)) BETWEEN: RAJESH S/O. BAKASH DOTEGAR, AGE: 46 YEARS, OCC. MECHANIC, R/O. GOUSIYA TOWN, PLOT NO.143, ISLAMPUR ROAD, OLD-HUBBALLI, HUBBALLI, DIST. DHARWAD-580001. …PETITIONER (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: HANUMANTH S/O. SABANNA MASUTI, AGE: 63 YEARS, OCC. RETIRED TEACHER, R/O. ISHWAR NAGAR, OPP. APMC, HUBBALLI, DIST. DHARWAD-580001. …RESPONDENT (BY SMT. SOUBHAGYA S. VAKKUND, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR THE RELEVANT RECORDS IN CC NO. 2359/2019 DATED 05.12.2023 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND JMFC, HUBBALLI AND RECORDS IN CRL.APPEAL NO. 5136/2023 ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI DATED 09.05.2024 UNDER SECTION 138 OF NI ACT AND ALLOW THIS CRIMINAL REVISION PETITION, BY SETTING ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE IN CC NO. 2359/2019 DATED 05.12.2023 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND JMFC, HUBBALLI FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT BY CONFIRMING THE ORDER DATED 09.05.2024 IN CRL.APPEAL NO. 5136/2023 ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE DHARWAD, SITTING AT HUBBALLI. V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.25 14:50:40 +0530 - 2 - NC: 2025:KHC-D:6417 CRL.RP No. 100233 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Sadiq N. Goodwala, learned counsel for the petitioner and Smt.Soubhagya S. Vakkund, learned counsel for the respondent. 2. Revision petitioner is the accused who suffered an order of conviction in CC No.2359/2019 for the offence under Section 138 of Negotiable Instruments Act (for short ’NI Act’) and ordered to pay fine of Rs.3,35,300/- of which sum of Rs.3,30,300/- as compensation to the complainant and the same was confirmed in Crl.A.No.5136/2023. 3. At the outset, Sri.Sadiq N. Goodwala submits that despite best advice, petitioner failed to comply the interim order dated 21.06.2024. As such, he would further submit that matter may be disposed of on merits. Hence, case is taken up on merits. - 3 - NC: 2025:KHC-D:6417 CRL.RP No. 100233 of 2024 4. Admittedly, the accused suffered an order of conviction in CC No.2359/2019. The defence that was set up by the accused in the trial is that the transaction is in respect of a sale and two sale deeds are marked as Exs.D1 and D2, in evidence of DW.1. 5. Learned trial Magistrate has considered the probative value of Exs.D1 and D2 in paragraph No.13 of the impugned judgment. The defence that is taken up by the accused is that in respect of sale transaction, one of the blank cheques issued by the accused to the complainant, has been misused. Said suggestion was denied by the PW.1. 6. Accused did not step into the witness box to establish said defence nor taken any positive action about the misuse of the cheque. 7. Taking note of the same, trial Magistrate exercising the power vested in him by raising the presumption under Section 139 of NI Act, convicted the - 4 - NC: 2025:KHC-D:6417 CRL.RP No. 100233 of 2024 accused which has been rightly re-appreciated by the learned judge in the First Appellate Court. 8. As such, in the revisional jurisdiction, this Court does not find any good grounds to admit the matter for further consideration. Accordingly, following order: ORDER (i) Admission declined. (ii) Petition is dismissed. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA List No.: 2 Sl No.: 22