- 1 - NC: 2025:KHC-D:6429 CRL.RP No. 100103 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.100103 OF 2019 (397(CR.PC)/438(BNSS)) BETWEEN: SRI. GOPAL S/O. GOVIND NAIK, AGE: 51 YEARS, OCC. BUSINESS, R/O. UNCHALLI, SIRSI, TQ. SIRSI, DIST. UTTARA KANNADA. …PETITIONER (BY SRI. GANAPATI M. BHAT, ADVOCATE) AND: SHUBALAXMI FINANCE AND INVESTMENT (R) SIRSI, REPRESENTED BY GENERAL MANAGER, SMT. LAXMI SOMAGIRI BAVAJIMATH, MARKET ROAD, SIRSI, TQ. SIRSI, DIST. UTTARA KANNADA. …RESPONDENT (RESPONDENT-NOTICE SERVED) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 05.07.2016 PASSED BY THE I-ADDL. CIVIL JUDGE & II-ADDL. JMFC COURT, SIRSI, IN C.C.NO.1868/2009 AND JUDGMENT AND ORDER DATED 14.01.2019 PASSED BY THE COURT OF I-ADDL. DIST. & SESSIONS JUDGE, U.K. KARWAR, SITTING AT SIRSI, IN CRL.A.NO.5034/2016 AND ACQUIT THE PETITIONER FOR THE CHARGE UNDER SECTION 138 OF NI ACT. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.22 14:44:04 +0530 - 2 - NC: 2025:KHC-D:6429 CRL.RP No. 100103 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) After addressing the arguments for some time, a memo came to be filed. 2. Memo reads as under: “It is submitted that, cheque amount Rs.22,345/- and Court below/trial Court convicted the petitioner to pay Rs. 35,000/-. Petitioner already deposited amount Rs.18,000/- before trial Court and request to deposit for the amount of Rs. 12,000/- on or before 31/05/2025. Hence this memo for modification of judgment passed by the Courts below.” 3. Respondent is served and unrepresented. 4. As against cheque amount of Rs.22,345/-, learned Trial Magistrate imposed a fine of Rs.35,000/-. 5. It is submitted that a sum of Rs.18,000/- is deposited by the revision petitioner. - 3 - NC: 2025:KHC-D:6429 CRL.RP No. 100103 of 2019 6. Taking note of the contents of the memo, fine amount is reduced from Rs.35,000/- to Rs.30,000/- to be payable on or before 31.05.2025. 7. With the above modification, revision petition stands allowed in part. Sd/- (V.SRISHANANDA) JUDGE NAA CT:PA LIST NO.: 2 SL NO.: 33