- 1 - NC: 2025:KHC-D:6832 CRL.RP No. 100229 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100229 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: SMT. SHANTHA KUMARI W/O. LATE NAGARAJA, AGE: 57 YEARS, OCC. ATTENDER IN ASSISTANT DIRECTOR OF TOWN PLANNING, R/O. NEAR COURT, BEHIND EDIGA HOSTEL, BALLARI-583101. …PETITIONER (BY SMT. SHANTHAKUMARI W/O. LATE NAGARAJA, PETITIONER APPEARED THROUGH VC) AND: KANDI RAJESH REDDY S/O. K. NARAYANA REDDY, AGE: 31 YEARS, R/O. SHANKARABANDE VILLAGE, BALLARI TALUK AND DISTRICT-583102. …RESPONDENT (BY SRI. B.C. JNANAYYASWAMI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS AND SET ASIDE THE MODIFYING THE JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE (EXCLUSIVE DEDICATED COMMERCIAL COURT) AT BALLARI IN PARTLY ALLOWING THE CRIMINAL APPEAL NO. 70/2022 DATED 25.01.2023, THEREBY MODIFYING AND CONFIRMING THE PART OF JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC AT BALLARI IN CC NO. 139/2019 DATED 28.10.2022. THEREBY THE PETITIONER WAS CONVICTED AND SENTENCED FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NI ACT, FOR SENTENCED TO PAY FINE OF RS. 7,00,000/- IN DEFAULT OF PAYMENT OF FINE Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6832 CRL.RP No. 100229 of 2023 AMOUNT, ACCUSSED SHALL UNDERGO SIMPLE IMPRISONMENT FOR A PERIOD OF 06 MONTHS. FURTHER ORDER THAT, OUT OF FINE AMOUNT OF RS.6,90,000/- HAS TO BE PAID TO COMPLAINANT BY WAY OF COMPENSATION AND RS, 10,000/- HAS TO BE PAID TO THE STATE. FURTHER IT IS CLEAR THAT IN VIEW OF THE PROVISO TO SECTION 421(1) OF CR.P.C. ACCUSED SHALL NOT BE ABSOLVE OF HER LIABILITY TO PAY COMPENSATION AMOUNT OF RS. 7,00,000/- AWARDED OF SECTION 357 OF CR.P.C. EVEN IF SHE UNDERGOES THE DEFAULT OF SENTENCE. SO FAR AS REVISION PETITIONER IS CONCERNED IN THE ABOVE CRIMINAL REVISION PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Revision petitioner is produced through video conference from Central Prison, Dharwad. Earlier, petitioner had engaged the services of Sri.Manjunatha G. Patil, learned counsel who has been permitted to retire from the case. Revision petitioner - Smt.Shantha Kumari W/o. Late Nagaraja submits that she has made necessary arrangements through her son to pay the compensation amount. 2. Learned counsel for the respondent would submit that petitioner has failed to comply the conditions of the interim order. - 3 - NC: 2025:KHC-D:6832 CRL.RP No. 100229 of 2023 3. Taking note of the submissions made by the revision petitioner and also taking note of the fact that revision petitioner is already in custody in respect of Crl.R.P.No.100228/2023, fine amount is reduced to sum of Rs.5,00,000/- from Rs.6,90,000/; and entire sum of Rs.5,00,000/- if ordered to be paid as compensation, ends of justice would be met. Revision petitioner shall pay the same to the respondent/complainant under due acknowledgment. 4. If the revision petitioner fails to pay the modified fine amount of Rs.5,00,000/- which is to be paid as compensation to the respondent/complainant, she shall undergo simple imprisonment for a period of six months after completing the sentence in Crl.R.P.No.100228/2023. 5. It is made clear that since the revision petitioner is in custody in respect of Crl.R.P.No.100228/2023, she shall be set at free after the period of six months in Crl.R.P.No.100228/2023 and fresh orders be obtained by the respondent/complainant for - 4 - NC: 2025:KHC-D:6832 CRL.RP No. 100229 of 2023 sending her to prison to serve the default sentence in the present case. 6. It is made clear that mere serving the default sentence, would not ipso facto efface the criminal liability and respondent/complainant is at liberty to proceed against the revision petitioner in accordance with law for recovery of the compensation amount. 7. Accordingly, revision petition stands disposed of. Sd/- (V.SRISHANANDA) JUDGE KAV CT:PA List No.: 2 Sl No.: 47