- 1 - NC: 2025:KHC-D:7075 CRL.RP No. 100308 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100308 OF 2021 (397(Cr.PC)/438(BNSS) BETWEEN: SRI MUSTAFA S M S/O MEHABOOB SAB AGE: MAJOR, 63 YEARS, OCC: DRIVER B S N L OFFICE, R/O. M.J. NAGAR, HOSPET-583201. …PETITIONER (BY SRI LINGESH V. KATTEMANE, ADVOCATE) AND: SRI. G SRINIVASA BABU S/O G. RAMAKRISHNAIAH AGED ABOUT 54 YEARS, OCC: BUSINESSMEN, R/O. DOOR NO. MIG-19, KHB COLONY, J.P. NAGAR, HOSPET, BALLARI DISTRICT-583201. …RESPONDENT (BY SRI SUHAS K. HOSAMANI, ADVOCATE FOR SRI J. BASAVARAJ, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 401 R/W 397 OF CR.PC. SEEKING TO CALL FOR RECORDS AND SET ASIDE THE ORDER DATED 29.10.2021 PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI SITTING AT HOSAPETE IN CRL. APPEAL NO.5011/2017 CONFIRMING THE C.C. NO.2148/2013 DATED 3-2-2017 BY THE ADDL. CIVIL JUDGE AND JMFC HOSAPETE. FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:7075 CRL.RP No. 100308 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Lingesh V. Kattemane, learned counsel for revision petitioner and Sri Suhas K. Hosamani, learned counsel for respondent. 2. Revision petitioner is the accused who suffered an order of conviction in C.C.No.2148/2013 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, N.I. Act) and ordered to pay fine amount of Rs.2,10,000/- of which a sum of Rs.2,05,000/- is ordered to be paid as compensation to the complainant and balance of Rs.5,000/- towards defraying expenses of the State. 3. Order of conviction and sentence was confirmed in Crl.A.No.5011/2017 by a considered judgment dated 29.10.2021. 4. Being aggrieved by the same, the accused is before this Court in this revision. - 3 - NC: 2025:KHC-D:7075 CRL.RP No. 100308 of 2021 5. Sri Lingesh V. Kattemane after addressing the arguments at length, files a memo. 6. Memo reads under : “The Advocate for petitioner most respect submits as follows. In the above petition the petitioner ready to deposit on 30.05.2025, 30.06.2025, 30.07.2025, 31.08.2025. Each date 25,000/- rupees Deposited. Matter kindly accepted memo in the ends of justice and equity.” 7. Sri Suhas K. Hosamani on behalf of Sri J. Basavaraj opposes the contents of the memo especially for granting installments to pay the balance amount with vehemence. 8. Taking note of the attendant facts and circumstances the case and placing the memo on record, following order is passed. ORDER (i) Criminal Revision Petition is allowed in part. (ii) While maintaining the conviction of the revision petitioner for the offence punishable - 4 - NC: 2025:KHC-D:7075 CRL.RP No. 100308 of 2021 under Section 138 of N.I. Act, time is granted for the revision petitioner to pay the balance compensation amount in installments as per the memo referred to supra. (iii) Failure to pay the amount as mentioned in the memo, the order of the Trial Magistrate confirmed by the First Appellate Court stands restored automatically. (iv) After the payment of compensation amount, the fine amount of Rs.5,000/- ordered by the Trial Magistrate confirmed by the First Appellate Court towards the defraying expenses of the State is set aside. (v) The amount in deposit is ordered to be withdrawn by the complainant under due identification. Office is directed to return the Trial Court records with copy of this order for issuing the modified conviction order. SD/- (V.SRISHANANDA) JUDGE NAA CT:GSM