- 1 - HC-KAR NC: 2025:KHC-D:8962 CRL.RP No. 100287 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE K V ARAVIND CRIMINAL REVISION PETITION NO. 100287 OF 2019 (397(Cr.PC)/438(BNSS)) BETWEEN: SRI. ABDULMUNAF S/O. HUSENSAB MAJISANADI AGE: 45 YEARS, OCC: BUSINESS, R/O: GANDHINAGAR, 1ST CROSS, M.K. HUBBALLI, DIST: BELAGAVI. …PETITIONER (BY SRI. VIJAY M. MALALI, ADVOCATE) AND: THE CITY CO-OP CREDIT SOCIETY LTD., SHRI. JAGANATH S/O. SHANKAR RAO KEDARI, R/BY AUTHORISED SIGNATORY, SHRI. JAGANATH S/O. SHANKAR RAO KEDARI, AGE: 54 YEARS, OCC: MANAGER, OFFICE AT FIRST FLOOR, SHOP NO.1, DIAMOND PLAZA, GANDHI CHOWK, DHARWAD. …RESPONDENT (BY SRI. SUNIL KHOT, ADVOCATE FOR SRI. RAMACHANDRA A. MALI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT/ORDER DATED 18.09.2019 IN CRL.A.NO.59/2019 PASSED BY THE PRL. DIST. & SESSIONS JUDGE, DHARWAD AND ALSO SET ASIDE THE JUDGMENT/ORDER DATED 04.06.2019 IN C.C.NO.558/2017 PASSED BY THE PRL. CIVIL JUDGE & JMFC COURT, DHARWAD, FOR THE OFFENCES P/U/S 138 OF NI ACT. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIHG COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:8962 CRL.RP No. 100287 of 2019 THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE K V ARAVIND ORAL ORDER Heard Sri Vijay M. Malali, learned counsel for the revision petitioner and Sri Sunil Khot, learned counsel appearing for Sri Ramachandra A. Mali, learned counsel for the respondent. 2. This revision petition is filed by the accused challenging the judgment of conviction dated 04.06.2019 passed in C.C. No.558/2017 by the Principal Civil Judge and JMFC, Dharwad (hereinafter referred to as ‘the trial Court’), and the judgment dated 18.09.2019 passed in Criminal Appeal No.59/2019 by the Principal Sessions Judge, Dharwad (hereinafter referred to as ‘the appellate Court’). 3. The respondent filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the NI Act’), alleging dishonour of cheque bearing - 3 - HC-KAR NC: 2025:KHC-D:8962 CRL.RP No. 100287 of 2019 No.020331 dated 06.02.2017 for a sum of Rs.1,05,980/-. The said cheque was returned with the endorsement 'funds insufficient'. The petitioner herein contested the complaint. The trial Court convicted the accused for the offence punishable under Section 138 of the NI Act and imposed a fine of Rs.1,13,000/-, out of which a sum of Rs.1,12,000/- was directed to be paid to the complainant as compensation and Rs.1,000/- to the State. 4. Being aggrieved by the said order, the petitioner preferred Criminal Appeal No.59/2019. The appellate Court, upon re-appreciation of the material on record, confirmed the judgment of conviction and the sentence imposed by the trial Court. 5. During the pendency of these proceedings, the petitioner has deposited a sum of Rs.45,200/-. Learned counsel for the petitioner submits that the petitioner is ready and willing to pay the remaining amount of Rs.67,800/- in cash. Learned counsel for the respondent - 4 - HC-KAR NC: 2025:KHC-D:8962 CRL.RP No. 100287 of 2019 accepts the said submission. Smt. Anajana Rahul Deshpande, Branch Manager of the respondent-the City Co-operative Society Ltd., is present before the Court and is identified by the learned counsel, Sri Sunil Khot. Learned counsel for the petitioner has paid a sum of Rs.67,800/- in cash to the Branch Manager of the respondent. The receipt of the said amount is acknowledged by the Branch Manager as well as by the learned counsel appearing for the respondent. 6. Learned counsel for the petitioner submits that he has no objection to the withdrawal of the amount of Rs.44,200/-, deposited before the trial Court, by the respondent, towards satisfaction of the balance amount. 7. In view of the payment of Rs.1,12,000/- as referred to above, the entire fine amount stands paid by the petitioner. Consequently, the offence alleged, being compoundable under Section 147 of the NI Act, stands compounded. The remaining amount of Rs.1,000/- in - 5 - HC-KAR NC: 2025:KHC-D:8962 CRL.RP No. 100287 of 2019 deposit shall be treated as cost deposited before the trial Court. 8. Accordingly, the present criminal revision petition is disposed of. Sd/- (K V ARAVIND) JUDGE DDU CT:ANB List No.: 1 Sl No.: 2