- 1 - NC: 2025:KHC-D:6824 CRL.RP No. 100228 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.100228 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 SRI. B.S. SANGATI, ADVOCATE) AND: 1. B. ANJINAPPA S/O. MAREPPA, RETIRED ARMED GUARD, STATE BANK OF INDIA, STATION ROAD, BALLARI-583101. 2. SMT. LAKSHMI DEVI DUMAL W/O. B. ANJINAPPA, AGE: 49 YEARS, BOTH ARE R/O. D.NO. 107/24, BEHIND VITTOBA TEMPLE, GANIGAR STREET, COWL BAZAR, BALLARI-583102. …RESPONDENTS (BY SRI. BASAVANAGOUD T., ADVOCATE FOR R1 AND R2) THIS CRIMINALREVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE (EXCLUSIVE Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6824 CRL.RP No. 100228 of 2023 DEDICATED COMMERCIAL COURT) AT BALLARI IN DISMISSING THE CRIMINAL APPEAL NO. 71/2022 DATED 10.02.2023, THEREBY CONFIRMING THE JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE III ADDL. CIVIL JUDGE AND JMFC AT BALLARI IN CC NO. 477/2020 DATED 28.10.2022. THEREY THE PETITIONER WAS CONVICTED AND SENTENCED FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NI ACT, FOR SENTENCED TO PAY FINE OF RS. 20,12,136 (RS.17,05,200 CHEQUE AMOUNT AND 6% INTEREST 1,02,312 P.A. X 3 YEARS=3,06,936/- INTEREST 6% P.A. FROM 14.05.2019 TO TILL DATE) FROM 2019 TO TILL TODAY. IN DEFAULT OF PAY THE SAME, THE ACCUSED SHALL UNDERGO SIMPLE IMPRISONMENT FOR A PERIOD OF 06 MONTHS. FURTHER ORDER THAT, OUT OF FINE AMOUNT OF RS, 20,07,136/- IS ORDERED TO BE PAID AS COMPENSATION TO THE COMPLAINANT AND REMAINING AMOUT OF RS. 5,000/- IS TO BE DEFRAYED AS EXPENSED OF STATE. SO FAR AS REVISION PEITTIONER IS CONCERNED IN THE ABOVE CRIMINAL REVISION PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:6824 CRL.RP No. 100228 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.B.S.Sangati, learned counsel for the revision petitioner and Sri.Basavanagouda T., learned counsel for the respondents. 2. In order to ascertain what is the present position of the revision petitioner; revision petitioner was directed to be produced by the Central Prison, Dharwad through video conference, as per the directions of this Court. 3. Smt.Shantha Kumari W/o. Late Nagaraja, who is the revision petitioner is produced by the Central Prison, Dharwad. She had been sent to the judicial custody in the present revision petition as revision petitioner has suffered an order of conviction for the offence punishable under Section 138 of the Negotiable Instruments Act (NI Act for short) and is ordered to pay fine amount of Rs.20,12,136/- + - 4 - NC: 2025:KHC-D:6824 CRL.RP No. 100228 of 2023 interest at 6% p.a. for a period of three years in a sum of Rs.3,06,936/- and interest at 6% p.a. from 14.05.2019 till date. 4. Such an order of payment of interest cannot be countenanced in law inasmuch as charging of interest on the cheque amount is impermissible having regard to scheme of enacting the NI Act. Hence, order of conviction is maintained and sentence is modified by directing the accused to pay the cheque amount. 5. However, the revision petitioner submits that she has instructed her son to pay the fine amount. 6. It is made clear that after payment of sum of Rs.17,00,000/- which is the compensation amount as against the cheque amount of Rs.17,05,200/-, revision petitioner shall be released from the prison or - 5 - NC: 2025:KHC-D:6824 CRL.RP No. 100228 of 2023 serving the sentence of default sentence for a period of six months, whichever is earlier. 7. With the above observation, following: ORDER i. Revision petition stands disposed of. ii. It is also made clear that serving the default sentence would not ipso facto efface the criminal liability. iii. Respondent/complainant is at liberty to proceed against the revision petitioner in accordance with law for recovery of the compensation amount. Sd/- (V.SRISHANANDA) JUDGE KAV CT:PA/List No.: 2 Sl No.: 46