- 1 - HC-KAR NC: 2025:KHC-D:7894 CRL.RP No. 100312 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE K V ARAVIND CRIMINAL REVISION PETITION NO.100312 OF 2021 (397(Cr.PC)/438(BNSS)) BETWEEN: SRI. VIJAYKUMAR S/O. BASAVANTARAYANGOUDA PATIL, AGE. 36 YEARS, OCC. PRIVATE SERVICE, R/O. BINJANABHAVI, TQ. SINDAGI, DIST. VIJAYAPUR–586 118. …PETITIONER (BY SRI. VISHWANATH S.BICHAGATTI, ADVOCATE AND SRI. PARASHURAM C.SAJJANAVAR, ADVOCATE) AND: SRI. KALAKAPPA S/O. PANCHAPPA DEVABASAPPANAVAR, AGE. 72 YEARS, OCC. RETIRED, R/O. DURGA COLONY, HALIYAL ROAD, DIST. DHARWAD–580 001. …RESPONDENT (BY SRI. RAJASHEKAR R.GUNJALLI, ADVOCATE AND SRI. VIJAY S.CHINIWAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND CONVICTION ORDER DATED 30.09.2021 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPL. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:7894 CRL.RP No. 100312 of 2021 JUDGE, DHARWAD IN CRIMINAL APPEAL NO.10/2021, WHEREIN THE APPEAL FILED BY THE ACCUSED/PETITIONER UNDER SECTION 374(3) OF CR.P.C., IS DISMISSED AND CONFIRMED THE JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE III ADDITIONAL CIVIL JUDGE AND J.M.F.C COURT, DHARWAD DATED 16.10.2020 IN C.C.NO.1222/2018 WHEREIN THE ACCUSED/PETITIONER HEREIN WAS CONVICTED FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT ACTING UNDER SECTION 357(1)(B) OF CR.P.C., FOR PAYING FINE OF RS.5,10,000/- (FIVE LAKH TEN THOUSAND RUPEES), THERE FROM SHALL BE PAID TO THE COMPLAINANT AS COMPENSATION, REMAINING FINE AMOUNT OF RS.10,000/- (TEN THOUSAND RUPEES) IS DEFRAYED TO THE STATE EXCHEQUER AND IN DEFAULT THEREOF ACCUSED SHALL UNDERGO SIMPLE IMPRISONMENT FOR FIFTEEN MONTHS AND ETC.,. THIS CRIMINAL REVISION PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE K V ARAVIND) Heard Sri Vishwanath S. Bichagatti, learned counsel appearing along with Sri Parashuram C. Sajjanavar, for the petitioner, and Sri Rajashekar R. Gunjalli, learned counsel appearing along with Sri Vijay S. Chiniwar, learned counsel for the respondent. - 3 - HC-KAR NC: 2025:KHC-D:7894 CRL.RP No. 100312 of 2021 2. This Criminal Revision Petition is filed by the accused in C.C. No.1222/2018, challenging the order dated 16.10.2020 passed by the Court of the III Additional Civil Judge and J.M.F.C., Dharwad (hereinafter referred to as ‘the trial court’), as well as the order dated 30.09.2021 passed in Criminal Appeal No.10/2021 by the Court of the III Additional District and Sessions Judge and Special Judge, Dharwad (hereinafter referred to as ‘the first appellate court’). 3. The respondent filed a complaint on 16.10.2015 alleging dishonour of cheque bearing No.128565 dated 08.08.2018, drawn on the State Bank of India, Koppikar Branch, Hubli, contending that the said cheque was issued by the accused towards repayment of a bank loan. The trial court convicted the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and imposed a fine of Rs.5,20,000/-. The appeal preferred by the accused was dismissed by the first appellate court by its order dated 30.09.2021. - 4 - HC-KAR NC: 2025:KHC-D:7894 CRL.RP No. 100312 of 2021 4. The sentence was suspended by this Court by order dated 09.12.2021, subject to the condition that the accused deposit 50% of the fine amount. 5. Learned counsel for the petitioner submits that in compliance of the order passed by this Court a sum of Rs.2,60,000/-, being 50% of the fine amount, has been deposited before the trial court. 6. When the hearing of the petition commenced, learned counsel for the petitioner fairly submitted that if reasonable time is granted to the petitioner to pay the entire amount as ordered by the trial court, the petitioner is willing to settle the entire dispute. 7. Sri Rajashekar R. Gunjalli, learned counsel appearing along with Sri Vijay S. Chiniwar, learned counsel for the respondent, fairly submitted that he has no objection to the suggestion made by the learned counsel for the petitioner. However, he submitted that any extension of time should be subject to a fixed time limit. - 5 - HC-KAR NC: 2025:KHC-D:7894 CRL.RP No. 100312 of 2021 8. This Court, in order to safeguard the interests of both the petitioner and the respondent, directed the petitioner to file an affidavit indicating the schedule of repayment and the outstanding amount. In compliance, learned counsel for the petitioner has filed an affidavit today, i.e., on 20.06.2025. The affidavit discloses that the cheque amount is Rs.5,00,000/-. It is stated therein that the petitioner, in compliance with the interim order, has already deposited a sum of Rs.2,60,000/-, and the balance amount of Rs.2,40,000/- will be paid within a period of two weeks. 9. At this stage, learned counsel for the respondent draws the attention of this Court to the order passed by the trial court and submits that the total amount directed to be paid is Rs.5,20,000/-, and therefore, the settlement should be for the said amount. 10. Learned counsel for the petitioner, upon instructions from the petitioner who is present before the Court, readily agreed to pay a sum of Rs.2,60,000/- instead of Rs.2,40,000/- as indicated in the affidavit. In view of the same, the total - 6 - HC-KAR NC: 2025:KHC-D:7894 CRL.RP No. 100312 of 2021 amount agreed and settled between the parties is taken as Rs.5,20,000/. 11. In view of the joint submission made by the learned counsel for both parties and the affidavit filed, while confirming the order of conviction, the time for payment of the fine amount as ordered by the trial court is extended by a period of twelve weeks. 12. Out of the total fine amount of Rs.5,20,000/- as directed by the trial court, a sum of Rs.2,60,000/- is already deposited. The respondent is permitted to withdraw the amount already deposited, subject to proper identification and following due procedure. 13. The petitioner shall file an acknowledgment for payment of Rs.2,60,000/- before the trial court. In the event of default in payment of the remaining amount as agreed in the affidavit within the stipulated time, it shall be open to the respondent to approach the trial court seeking enforcement of the sentence, as ordered therein. - 7 - HC-KAR NC: 2025:KHC-D:7894 CRL.RP No. 100312 of 2021 14. Accordingly, the Criminal Revision Petition stands disposed of. Sd/- (K V ARAVIND) JUDGE DDU List No.: 1 Sl No.: 19