- 1 - NC: 2025:KHC-D:4837 CRL.RP No. 100029 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.100029 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: SMT.VINAYA W/O. VINAYAK PRABHU, AGE: 69 YEARS, OCC. NIL, R/O. FLAT NO. 201, GANESH ARCADE, NEW GOODSHED ROAD, BELAGAVI-590001. …PETITIONER (BY SRI K.S. KORISHETTAR, ADVOCATE) AND: SHREENIKA CHITS PRIVATE LIMITED NAMOKAR BUILDING, CTS NO. 551/A+B, MATH GALLI, BELAGAVI-590001. R/BY. ITS DEVELOPMENT MANAGER, SHRI PARVEZ SIKANDAR CHIKODI, AGE: 44 YEARS, OCC. SERVICE, R/O. VEERABHADRA NAGAR, IV CROSS, BELAGAVI-590001. …RESPONDENT (BY SOLE RESPONDENT-SERVED) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT DATED 17.11.2022, IN CRL.APPEAL NO. 490/2019 PASSED BY THE IX ADDL. SESSIONS JUDGE, BELAGAVI, AT BELAGAVI, WHEREBY CONFIRMING THE JUDGMENT DATED 06.11.2019 PASSED BY THE JUDICIAL MAGISTRATE FIRST CLASS-V, BELAGVI IN C.C.NO. 1984/2017, FOR THE OFFENCES U/SEC. 138 OF N.I. ACT AND THEREBY ACQUIT THE PETITIONER/ ACCUSED AND GRANT ANY OTHER RELIEFS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.03.27 15:28:40 +0530 - 2 - NC: 2025:KHC-D:4837 CRL.RP No. 100029 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.K.S.Korishettar, learned counsel for the revision petitioner. Respondent served with the notice and remained absent. 2. Accused who suffered an order of conviction for the offence punishable under Section 138 of the Negotiable Instruments Act in CC No.1984/2017 dated 06.11.2019 which was confirmed in Crl.A.No.490/2019 dated 17.11.2022 is the revision petitioner. 3. Facts in brief which are utmost necessary for disposal of the revision petition are as under: A complaint came to be lodged under Section 200 of Cr.P.C. alleging the commission of the offence for the offence punishable under Section 138 of the Negotiable Instruments Act. Complaint averments would reveal that complainant being a registered chit company, had conducted chits wherein the accused was one of the - 3 - NC: 2025:KHC-D:4837 CRL.RP No. 100029 of 2023 subscribers. Towards repayment of the amount, a cheque came to be issued by the accused bearing No.256404 drawn on State Bank of India, Goaves Branch, Belagavi on 27.07.2017 in a sum of Rs.2,03,220/- which on presentation came to be dishonored with an endorsement ‘funds insufficient’. Thereafter, notice came to be issued demanding the payment covered under the cheque. There was no reply nor compliance to the callings of the notice resulting in complainant seeking action against the accused. 4. Learned Trial Magistrate after completing necessary formalities, applying the principles of law enunciated ny the Hon’ble Apex Court in the case of Indian Bank Association v. Union of India and Others reported in (2014) 5 SCC 590, convicted the accused for the offence punishable under Section 138 of the Negotiable Instruments Act. - 4 - NC: 2025:KHC-D:4837 CRL.RP No. 100029 of 2023 5. Bring aggrieved by the same, accused filed an appeal before the First Appellate Court in Crl.A.No.490/2019. 6. Learned Judge in the First Appellate Court after securing the records, heard the arguments of the parties in detail and by considered judgment dated 17.09.2022, dismissed the appeal filed by the accused. 7. Being further aggrieved by the same, accused is before this Court, in this revision. 8. Learned counsel for the petitioner reiterating the grounds urged in the revision petition contended that both the Courts have failed to appreciate the material evidence on record in a proper manner and wrongly convicted the accused for the aforesaid offence resulting in miscarriage of justice and sought for allowing the revision petition. 9. Respondent though served with the notice, remained absent. - 5 - NC: 2025:KHC-D:4837 CRL.RP No. 100029 of 2023 10. In the light of the arguments put forth on behalf of the revision petitioner, this Court perused the material on record meticulously. 11. On such perusal of the material on record, admittedly, cheque belongs to the accused and signature found therein is that of the accused and there is no dispute about the same. 12. Applying the principles of law enunciated in the case of Indian Bank Association v. Union of India and Others supra, learned Trial Magistrate has proceeded to convict the accused noting that there is no rebuttal evidence placed on record. 13. Ex.D.1 is the only document which has been placed on record has been considered by the learned Trial Magistrate in the impugned judgment and noted that said document would not rebut the presumption available to the complainant under Section 139 of the Negotiable Instruments Act. - 6 - NC: 2025:KHC-D:4837 CRL.RP No. 100029 of 2023 14. Having regard to the limited scope of revisional jurisdiction, this Court cannot hold that the impugned judgments are incorrect. 15. However, out of the fine amount of Rs.2,35,000/- sum of Rs.2,33,000/- is ordered to be paid as compensation to the complainant and balance sum of Rs.2,000/- towards defraying expenses of the State. 16. Since, lis is privy to the parties and no state machinery is involved, awarding sum of Rs.2,000/- towards defraying expenses of the State would not arise and to that extent, revision petition needs to be allowed. 17. Accordingly, the following: ORDER i. Revision petition is allowed in part. ii. While maintaining the conviction of the revision petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, fine amount ordered by the learned Trial Magistrate confirmed by the - 7 - NC: 2025:KHC-D:4837 CRL.RP No. 100029 of 2023 First Appellate Court in a sum of Rs.2,35,000/- is reduced to sum of Rs.2,33,000/-. iii. Entire sum of Rs.2,33,000/- is ordered to be paid as compensation to the complainant. iv. Time is granted for the revision petitioner to pay the balance amount till 30.04.2025 failing which revision petitioner shall undergo simple imprisonment for a period of six months. v. Sum of Rs.2,000/- imposed by the learned Trial Magistrate confirmed by the First Appellate Court towards defraying expenses of the State stands set aside. SD/- (V.SRISHANANDA) JUDGE KAV CT:PA LIST NO.: 2 SL NO.: 18