- 1 - NC: 2025:KHC-D:5707 CRL.RP No. 100021 of 2024 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.100021 OF 2024 (397(Cr.PC)/438(BNSS)) BETWEEN: SHARNAPPA S/O. VEERAPPA YALAVATTI, AGE: 49 YEARS, OCC. HOTEL BUSINESS, R/O. NEAR CHAPEKAR HOSPITAL, DISTRICT: GADAG. …PETITIONER (BY SRI SRINIVAS B. NAIK, ADVOCATE) AND: SHANTAPPA @ SHANTESH S/O. VEERAPPA, AGE: 57 YEARS, OCC. PIGMY COLLECTOR, R/O. JALEER HUSSEN COLON, GADAD, DISTRICT: GADAG-582101. …RESPONDENT (BY SRI GOURI SHANKAR MOT, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. 1973, SEEKING TO CALL FOR THE RECORDS OF THE COURTS BELOW AND ALLOW THIS REVISION PETITION AND SET ASIDE THE JUDGMENT AND ORDER DATED 01.12.2023 PASSED IN CRIMINAL APPEAL NO. 02/2023 BY THE I ADDL. PRL. JUDGE, FAMILY COURT, GADAG AND SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 02.01.2023 ON THE FILE OF I ADDL. CIVIL JUDGE AND JMFC, I COURT AT GADAG, IN CC NO. 634/2020 CONVICTING THE PETITIONER FOR SECTION 138 OF NI ACT AND THEREBY ACQUIT THE PETITIONER/ACCUSED FOR THE OFFENCE P/U/SEC. 138 OF NI ACT. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.03 10:51:48 +0530 - 2 - NC: 2025:KHC-D:5707 CRL.RP No. 100021 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Srinivas B. Naik, learned counsel for the revision petitioner and Sri.Gouri Shankar Mot, learned counsel for the respondent. 2. Accused who has suffered an order of conviction in CC No.634/2020 which was confirmed in Crl.A.No.02/2023 for the offence punishable under Section 138 of the Negotiable Instruments Act was sentenced to pay fine of Rs.3,05,000/-, out of which sum of Rs.3,00,000/- is ordered to be paid as compensation to the complainant and balance sum of Rs.5,000/- towards defraying expenses of the State is the revision petitioner. 3. Having heard the parties in detail, this Court perused the material on record meticulously. 4. On such perusal, it is noticed that accused has issued the cheque in question is marked at Ex.P.1 and signature found therein is not in dispute. Admittedly, - 3 - NC: 2025:KHC-D:5707 CRL.RP No. 100021 of 2024 cheque came to be dishonored with an endorsement ‘funds insufficient’ and following the judgment of the Hon’ble Apex Court Indian Bank Association and Others v. Union of India and Others reported in (2014) 5 SCC 590, learned Trial Magistrate has raised the presumption under Section 139 of the Negotiable Instruments Act based on the affidavit averments and the documents placed thereon. 5. No doubt, said presumption is a rebuttable presumption. 6. In order to rebut the presumption, accused neither got examined himself nor placed any documentary evidence on record. As such, conviction of the accused needs no interference. 7. However, with regard to fine is concerned, learned counsel for the revision petitioner would contend that fine amount and compensation amount may be suitably modified. - 4 - NC: 2025:KHC-D:5707 CRL.RP No. 100021 of 2024 8. Per contra, learned counsel for the respondent submits that transaction is of the year 2020 and therefore, no mercy nor leniency can be shown with regard to the fine amount and sought for dismissal of the revision petition. 9. Having noted the rival contentions of the parties, this Court is of the considered opinion that if the fine amount is reduced to sum from Rs.3,05,000/- to Rs.2,50,000/-, ends of justice would be met. 10. Accordingly, the following: ORDER i. Criminal revision petition is allowed in part. ii. While maintaining the conviction of the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, fine amount in a sum of Rs.3,05,000/- is reduced to sum of Rs.2,50,000/-. iii. Entire sum of Rs.2,50,000/- is ordered to be paid as compensation to the complainant on - 5 - NC: 2025:KHC-D:5707 CRL.RP No. 100021 of 2024 or before 30.04.2025 failing which would result in automatic restoration of the order of the learned Trial Magistrate confirmed by the First Appellate Court. iv. After payment of the entire compensation amount of Rs.2,50,000/-, imposition of Rs.5,000/- towards defraying expenses of the State stands set aside. 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.: 51