- 1 - NC: 2025:KHC-D:4960 CRL.RP No. 100281 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100281 OF 2016 (397(Cr.PC)/438(BNSS)) BETWEEN: SRI. RAVINDRANATH SHINDE, AGE. 52 YEARS, OCC. SERVICE, C/O. 656, 1ST BLOCK, NOW AT RAJAJI NAGAR, BENGALURU. …PETITIONER (BY SRI GANAPATI M.BHAT, ADVOCATE) AND: SRI. SHANKARAPPA S/O. BASAPPA CHANDAKOL, AGE. 73 YEARS, OCC. AGRICULTURE, R/O. ATTIGERI, TQ. SHIGGAON, DIST. HAVERI. AS PER ORDER DATED COMPLAINANT IS DECEASED ON 17.01.2023 THE STATE OF KARNATAKA REP. BY ADDL. SPP., HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SRI PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 AND 401 OF CR.P.C., PRAYING TO, SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 16.07.2014 PASSED BY THE COURT OF THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AT SHIGGAON IN CRIMINAL CASE NO.69 OF 2010 AND THE JUDGMENT AND ORDER DATED 27.08.2016 PASSED BY THE COURT OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT: HAVERI IN CRIMINAL APPEAL NO.37 OF 2014 AND ACQUIT THE PETITIONER FOR THE CHARGE UNDER SECTIONS 420, 465 AND 193 OF IPC, IN THE INTEREST OF JUSTICE. THIS CRIMINAL REVISION PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.27 10:44:54 +0530 - 2 - NC: 2025:KHC-D:4960 CRL.RP No. 100281 of 2016 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Ganapati M. Bhat, learned counsel for revision petitioner and Sri Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent. 2. Accused who suffered an order of conviction for the offence punishable under Section 420, 465 and 193 of the Indian Penal Code, 1860 (for short, ‘IPC’) and ordered to undergo one and half years rigorous imprisonment for the highest offence under Section 420 of IPC confirmed in Crl.A.No.37/2014, is the revision petitioner. 3. Facts in the nutshell which are utmost necessary for the disposal of the revision petition are as under: A private complaint came to be lodged under Section 200 of Cr.P.C. alleging the commission of the offences punishable under Sections 420, 465 and 193 of IPC by contending that on 05.09.2004 against the accused for the - 3 - NC: 2025:KHC-D:4960 CRL.RP No. 100281 of 2016 offences punishable under Sections 138 and 142 of the Negotiable Instrument Act, 1881 (for short, ‘N.I. Act’). 3.1 During the course of defence evidence in the said trial, revision petitioner produced an endorsement said to have given by the Cubbon Park Police Station, Bangalore, whereunder, the revision petitioner said to have lodged a complaint with them stating that he lost the check in question. On further enquiry, it is noticed that the endorsement is a forged endorsement and the same has been relied upon by the revision petitioner as defence evidence in the said prosecution under Section 138 N.I. Act. 3.2 Learned Trial Judge after taking cognizance, summoned the accused. Accused pleaded not guilty. Trial was held. After due trial, it was noticed that the endorsement produced and relied upon by the revision petitioner which is said to have been issued by Cubbon Park Police Station, is a fake endorsement and the signature therein was a forged signature. Therefore, - 4 - NC: 2025:KHC-D:4960 CRL.RP No. 100281 of 2016 convicted the accused for the offences under Sections 420, 465 and 193 of IPC and sentenced as under: “Acting under Section 248(2) of Criminal Procedure Code the accused is convicted for offence punishable under section 420, 465 and 193 of Indian Penal Code. Accused is sentenced to undergo Rigorous Imprisonment for a period of 1 ½ Year and to pay fine a sum of Rs. 5,000/- for the offence punishable under section 420 of Indian penal Code. In default of payment of fine accused shall further undergo Simple Imprisonment for 3 months. Accused is sentenced to undergo Rigorous Imprisonment for a period of 6 months and to pay fine a sum of Rs. 2,000/- for the offence punishable under section 465 of Indian penal Code. In default of payment of fine accused shall further undergo Simple Imprisonment for 2 months. Accused is sentenced to undergo Rigorous Imprisonment for a period of 1 Year and to pay fine a sum of Rs. 2,000/- for the offence punishable under section 193 of Indian penal Code. In default of payment of fine accused - 5 - NC: 2025:KHC-D:4960 CRL.RP No. 100281 of 2016 shall further undergo Simple Imprisonment for 2 months. Since the accused is also convicted in C.C.No.277/2004. The punishment in both the cases shall run concurrently. The bail bonds of accused stands cancelled. Furnish free copy of the further judgment to the accused. Issue conviction warrant.” 4. Being approved by same, accused filed an appeal before the District Court. 5. Learned Judge in the First Appellate Court after securing the records, heard the arguments of the parties in detail and confirmed the order of the Trial Magistrate. 6. Being further aggrieved by the same, accused is before this Court in this revision petition. 7. Sri Ganapati M. Bhat, learned counsel for the revision petitioner would reiterate the grounds urged in the petition contended that accused is innocent and he is - 6 - NC: 2025:KHC-D:4960 CRL.RP No. 100281 of 2016 not guilty of producing a fake endorsement, which has not been properly appreciated by the Trial Court and sought for allowing revision petition. 8. Alternatively, he would submit that since the entire amount covered under the cheque plus additional amount has been paid by the accused to the complainant. The dispute with regard to offence under 138 N.I. Act is duly settled and thereafter the complainant has proceeded in this case, which is incorrect and therefore, sought for showing some leniency. 9. Per contra, Sri Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent supports impugned order by contending that after due trial, accused has been convicted and a factual finding has been recorded that the endorsement is said to have been given by Cubbon Park Police, Bangalore, is a fake endorsement. 10. He further contended that no mercy can be shown for such people as it would encourage the similarly - 7 - NC: 2025:KHC-D:4960 CRL.RP No. 100281 of 2016 placed perpetrators of crime to commit such offences in future. Therefore, he sought for dismissal of the revision petition in toto. 11. Having heard the arguments of both the sides in detail, this Court perused the material on record meticulously. 12. On such perusal of the material on record, it is established by the prosecution that the endorsement that is not to be relied upon by the accused before the Trial Court in a proceedings under Section 138 of the N.I. Act is a fake endorsement. Therefore, conviction needs no interference. 13. However, taking note of the fact that the civil dispute under Section 138 of N.I. Act is duly settled by the accused by paying extra amount more than double the cheque amount and also taking note of the fact that accused is a first time offender and is now prepared to pay enhanced fine amount in two installments in a sum of Rs.75,000/-, the sentence of imprisonment if set aside by - 8 - NC: 2025:KHC-D:4960 CRL.RP No. 100281 of 2016 directing the custody period already undergone by him as a period of sentence, ends of justice would be met. 14. Accordingly, following order is passed. ORDER (i) Criminal Revision Petition is allowed in part. (ii) While maintaining the conviction of the accused for the offence punishable under Sections 420, 465 and 193 of IPC, custody period already undergone by the accused is treated as the period of imprisonment by directing him to pay enhanced fine amount of Rs.75,000/- in two installments. (iii) First installment of Rs.50,000/- is to be paid on or before 30.04.2025 and second installment of Rs.25,000/- is to be paid on or before 30.05.2025. (iv) Failure to pay the enhanced fine amount would result in automatic restoration of the sentence ordered by the Trial Magistrate. - 9 - NC: 2025:KHC-D:4960 CRL.RP No. 100281 of 2016 Office is directed to return the Trial Court records with a copy of this order for issuing the modified conviction order. SD/- (V.SRISHANANDA) JUDGE NAA CT:UMD List No.: 2 Sl No.: 37