- 1 - NC: 2025:KHC-D:4870 CRL.RP No. 100251 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100251 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: SRI SHRISHAIL S/O. KADAPPA KOPARDE, AGED ABOUT 51 YEARS, OCC. ADVOCATE, R/O. KADADEVARAGALLI, BANAHATTI, TQ. RABAKAVI BANAHATTI, DIST. BAGALKOTE-587314. …PETITIONER (BY SRI LINGESH V. KATTEMANE, ADVOCATE) AND: SRI RAMESH S/O. SIDDAGIREPPA MANDI, AGED ABOUT 56 YEARS, OCC. BUSINESS, R/O. LAXMI NAGAR, BANAHATTI, TQ. RABAKAVI BANAHATTI, DIST. BAGALKOTE-587314. …RESPONDENT (BY SRI SHIVARAJ P. MUDHOL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS AND SET ASIDE THE ORDER OF CONVICTION AND SENTENCE PASSED BY THE I ADDL. DISTRICT AND SESSIONS JDUGE, BAGALKOTE TO SIT AT JAMAKHANDI AT JAMAKHANDI IN CRIMINAL APPEAL NO. 5056/2022 DATED 11.05.2023, BY CONFIRMING THE ORDER OF CONVICTION AND SENTENCE DATED 13.05.2019, PASSED BY THE CIVIL JUDGE AND J.M..F.C. BANAHATTI, IN C.C.NO. 541/2013, FOR THE OFFENCE P/U/SEC. 138 OF NI ACT BY ALLOWING THIS CRIMINAL REVISION PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.21 10:35:29 +0530 - 2 - NC: 2025:KHC-D:4870 CRL.RP No. 100251 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Lingesh V. Kattimane, learned counsel for the revision petitioner and Sri.Shivaraj P. Mudhol, learned counsel for the respondent. 2. Revision petitioner is the accused who suffered an order of conviction in C.C.No.541/2013 for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (for short, ‘the N.I.Act’) confirmed in Crl.A.No.5056/2022. 3. After recording an order of conviction, as against the cheque amount of Rs.2,25,000/-, learned Trial Magistrate imposed the fine Rs.4,50,000/- with default sentence of six months simple imprisonment. Out of the fine amount, Rs.4,40,000/- was ordered to be paid as compensation to the complainant and balance sum of Rs.10,000/- towards the defraying expenses of the State. 4. Learned Judge in the first appellate Court confirmed the order of conviction and sentence. - 3 - NC: 2025:KHC-D:4870 CRL.RP No. 100251 of 2023 5. Being aggrieved by the same, accused is before this Court. 6. After addressing arguments for some time, Sri.Lingesh V. Kattimane, submitted that no special reasons are forthcoming in the order of the learned Trial Magistrate for imposing double the cheque amount, more so having regard to the fact that the transaction was disputed by the accused and sought for modification of sentence. 7. He would also contend that this Court may grant some reasonable time to pay the reduced compensation amount and thus sought for allowing the revision petition. 8. Per contra, Sri.Shivaraj P. Mudhol, learned counsel for the respondent supports the impugned order. 9. He further contend that transaction is of year 2013 and therefore, the fine amount ordered by the learned Trial Magistrate is just and proper which has been rightly considered by the learned Judge in the first appellate Court. - 4 - NC: 2025:KHC-D:4870 CRL.RP No. 100251 of 2023 10. Sri.Lingesh V. Kattimane, however, filed a memo stating that the compensation amount can be reduced to Rs.2,50,000/- and time may be granted till 15.05.2025 to pay the balance amount as the revision petitioner has already deposited sum Rs.1,12,500/- and paid sum of Rs.50.000/- on 14.03.2025 by phone pay. 11. Taking note of the attendant facts and circumstances of the case, especially the revision petitioner is willing to pay the amount covered under the cheque plus some amount of compensation and reasonable time is sought for, this Court is the considered opinion that the order of the Trial Magistrate is modified my directing the revision petitioner to pay sum of Rs.2,50,000/- as against cheque amount of Rs.2,25,000/- on or before 15.05.2025 ends of justice would be met. 12. However, it should also be observed that if the revision petitioner fails to make the balance payment of the fine amount as modified by this Court, the order of the Trial Magistrate should restore automatically. 13. Accordingly, the following order is passed: - 5 - NC: 2025:KHC-D:4870 CRL.RP No. 100251 of 2023 ORDER (i) Criminal Revision Petition is allowed in part. (ii) While maintaining the order conviction of the accused for the offence punishable under Section 138 of the N.I.Act, fine amount of Rs.4,50,000/- ordered by the learned Trial Magistrate confirmed by the first appellate Court is reduced to sum of Rs.2,50,000/- (iii) Entire amount of Rs.2,50,000/- is ordered to be paid as compensation to the complainant. (iv) Amount in deposit is ordered to be withdrawn by the complainant under due identification. (v) Time is granted till 15.05.2025 to pay balance of fine amount failing which, the order of the learned Trial Magistrate confirmed by the first appellate Court stands restored automatically. (vi) After the payment of balance of modified fine amount, sum of Rs.10,000/- imposed by the learned Trial Magistrate confirmed by the first appellate Court is set aside. SD/- (V.SRISHANANDA) JUDGE AC, CT:PA