- 1 - NC: 2025:KHC-D:5992 CRL.RP No. 100294 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100294 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: SHRI VIJAY PARASHARAM SOMANACHE AGE: MAJOR, OCC. BUSINESS, R/O. PLOT NO.9, SWAMINAT COLONY, R.C. NAGAR, BELAGAVI. AT NOW: H.NO.139/2, ZERI GALLI, ANAGOL, BELAGAVI-590006. …PETITIONER (BY SRI YASH R. NADKARNI, ADVOCATE FOR SRI VITTHAL S. TELI, ADVOCATE) AND: SHRI CHIDANAND C. WALAKE, AGE: 43 YEARS, OCC. BUSINESS, R/O. JEEVANSHREE, PLOT NO.840, SECTOR NO.6, VANTMURI COLONY, SHRINAGAR, M.M. EXTENSION, BELAGAVI-590017. …RESPONDENT (BY SRI PRASHANT MATHAPATI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397(3) R/W. 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT AND SENTENCE PASSED BY THE CRIMINAL APPEAL NO.01/2020 DATED 28.02.2023 BY THE X ADDL. SESSIONS JUDGE, BELAGAVI AND JMFC-VII BELAGAVI IN C.C. NO.664/2019 DATED 01.10.2019 OF CONVICTION FOR OFFENCE UNDER SECTION 138 OF THE NI ACT AND THEREBY ACQUIT THE PETITIONERS/ACCUSED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.04.09 11:36:23 +0530 - 2 - NC: 2025:KHC-D:5992 CRL.RP No. 100294 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Yash R. Nadakarni, counsel for Sri.Vittal S.Teli for petitioner and Sri.Prashant Matapati, counel for respondent. 2. The petitioner herein is the accused who suffered an order of conviction for the offence punishable under section 138 of the Negotiable Instrument Act in CC No.664/2019 which was confirmed in Crl.A.No.1/2020. 3. Petitioner was directed to pay the fine of Rs.4,68,000/- as compensation. The sentence was suspended by this Court by virtue of the interim order dated 21.03.2024 with a direction to deposit the 50% of the fine amount. Till today the petitioner has not complied the said order and as such petitioner is a convict. 4. Sri.Yash R. Nadakarni would submit that despite best efforts, petitioner could not be contacted and he has - 3 - NC: 2025:KHC-D:5992 CRL.RP No. 100294 of 2023 not complied the interim order instead he would seek for matter to be taken for admission on merits. 5. Having heard the arguments of both sides, this Court has perused the material on record meticulously. 6. On such perusal of the material on record, it is crystal clear that exhibits P1 and P2 cheques did belong to the revision petitioner and signature found therein are that of the accused. 7. Legal notice demanding the payment of money cover under the dishonoured cheques though served to the accused, he did not comply the callings of notice nor replied the same. 8. The oral testimony of DW1 was not sufficient enough to rebut the presumption available to the complainant under section 139 of the Negotiable Instrument Act. 9. The learned trial judge has taken into consideration about the examination in chief that the accused is ready to pay sum of Rs.4,68,000/- which is the balance amount and thereafter passed the order of - 4 - NC: 2025:KHC-D:5992 CRL.RP No. 100294 of 2023 conviction. Since the accused has made a statement on oath that he is required to pay a sum of Rs.4,68,000/-, the order of conviction directing the accused to pay sum of Rs.4,68,000/- is just and proper which requires no interference in this revision petition. 10. Accordingly, the following order: ORDER Revision petition dismissed. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA List No.: 2 Sl No.: 19