- 1 - NC: 2025:KHC-D:5657 CRL.RP No. 100104 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.100104 OF 2022 (397(CR.PC)/438(BNSS)) BETWEEN: SHANKAR S/O. BHIMAGOUDA SURYAVANSHI, AGE: 57 YEARS, OCC. BUSINESS, R/O. HITNI VILLAGE, TQ. HUKKERI, DIST. BELAGAVI-590001. …PETITIONER (BY SRI S.H. MITTALKOD, ADVOCATE) AND: MAGADUM CHIT FUND PRIVATE LIMITED., SANKESHWAR, NIPPANI BRANCH, REPRESENTED BY ITS RECOVERY OFFICER. …RESPONDENT (BY SMT.GEETHA K.M. @ PAWAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C., SEEKING TO CALL FOR RECORDS, ALLOW THIS REVISION PETITION AND SET ASIDE THE JUDGMENT AND ORDER DATED 08.02.2022 PASSED BY THE IV ADDITIONAL SESSIONS JUDGE AT BELAGAVI, IN CRIMINAL APPEAL NO.234/2021 AND THE CONVICTION AND SENTENCE PASSED BY THE VIII JMFC, BELAGAVI IN CRIMINAL CASE NO.404/2019 DATED 07.02.2020 IN OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND SET THE PETITIONER AT LIBERTY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.02 11:19:10 +0530 - 2 - NC: 2025:KHC-D:5657 CRL.RP No. 100104 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Though the matter is listed for orders, with the consent of the parties, it is taken up for final disposal. 2. Heard Sri.S.H.Mittalkod, learned counsel for the revision petitioner and Smt.Geetha K.M. @ Pawar, learned counsel for the respondent. 3. Revision petitioner who has suffered an order of conviction in CC No.404/2019 dated 07.02.2020 on the file of VIII JMFC, Belagavi for the offence punishable under Section 138 of the Negotiable Instruments Act which got confirmed in Crl.A.No.234/2021 dated 08.02.2022 on the file of IV Additional Sessions Judge, Belagavi has filed the present revision petition. 4. Facts in brief which are utmost necessary for disposal of the revision petition are as under: Based on the complaint lodged by the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, accused stood for trial and was convicted for the aforesaid offence and was directed to pay sum of - 3 - NC: 2025:KHC-D:5657 CRL.RP No. 100104 of 2022 Rs.3,00,000/- as fine and entire sum of Rs.3,00,000/- is ordered to be paid as compensation to the complainant failing which, the accused shall undergo simple imprisonment for a period of six months. 5. The validity of the said judgment was the subject matter of Crl.A.No.234/2021. 6. Learned Judge in the First Appellate Court after considering the appeal grounds, reappreciated the material evidence placed on record and ultimately dismissed the appeal filed by the accused. 7. Thereafter, accused is before this Court, in this revision petition. 8. Learned counsel for the revision petitioner reiterating the grounds urged in the revision petition contended that both the Courts have not properly appreciated the material evidence placed on record and wrongly convicted the revision petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act and sought for allowing of the revision petition. - 4 - NC: 2025:KHC-D:5657 CRL.RP No. 100104 of 2022 9. Alternatively, he submitted that time may be granted till 30.06.2025 to pay the balance fine amount, in the event, this Court upholding the order of conviction. 10. Per contra, learned counsel for the respondent supports the impugned judgments. 11. Having heard the parties in detail, this Court perused the material on record meticulously. 12. On such perusal of the material on record, taking note of the fact that cheque is issued by the revision petitioner and signature found therein is that of the revision petitioner and evidence of the revision petitioner in the form of oral testimony was not sufficient enough to dislodge the presumption available to the complainant under Section 139 of the Negotiable Instruments Act. 13. As such, there is no scope that too in the revisional jurisdiction to interfere with the well reasoned order of conviction recorded by both the Courts. 14. However, the alternate submission is taken into consideration by this Court. - 5 - NC: 2025:KHC-D:5657 CRL.RP No. 100104 of 2022 15. Accordingly, the following: ORDER i. Revision petition stands disposed of while maintaining the conviction of the revision petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act. ii. However, time is granted to pay the balance fine amount till 30.06.2025 failing which he shall abide by the order of the learned Trial Magistrate. SD/- (V.SRISHANANDA) JUDGE KAV CT:PA LIST NO.: 2 SL NO.: 5