- 1 - NC: 2025:KHC-D:5129 CRL.RP No. 100329 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100329 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: 1. THE CHAIRMAN SHAKTI MULTIPURPOSE CO-OP SOCIETY LTD., BELAGAVI, COLLEGE ROAD, OPP. VANITA VIDALAYA SCHOOL, BELAGAVI, PIN CODE-590003. 2. THE SECRETARY SHAKTI MULTIPURPOSE CO -OP SOCIETY LTD., BELAGAVI, COLLEGE ROAD, OPP. VANITA VIDALAYA SCHOOL, BELAGAVI, PIN CODE-590003. …PETITIONERS (BY SMT.AMRUTHA ALLANNAVAR AND SRI MAHANTESH S. HIREMATH, ADVOCATES) AND: SHRI MOTILAL S/O. MAHADEV UCHAGAONKAR, AGE: 57 YEARS, OCC. BUSINESS, R/O. C/O. NARYAN SADANAND ASURKAR, OM BUILDING CAR PARKING, NARVEKAR GALLI, BELAGAVI, PIN CODE-590001. …RESPONDENT (RESPONDENT-NOTICE SERVED) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W. 401 OF CR.P.C., SEEKING TO CALL FOR RECORDS AND ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGMENT PASSED IN CRIMINAL APPEAL NO. 77/2022 DATED ON 14.06.2022 U/S. 138 OF N.I.ACT PASSED BY THE IV ADDL. DIST. AND SESSION JUDGE, BELAGAVI AND ALSO THE JUDGMENT AND ORDER PASSED IN CC NO. 1412/2018 U/S. 138 OF N.I.ACT DATED 05.10.2021 PASSED BY THE VII JMFC BELAGAVI AND ALLOW THE REVISION PETITION. V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.29 12:02:45 +0530 - 2 - NC: 2025:KHC-D:5129 CRL.RP No. 100329 of 2023 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Smt.Amrutha Allannavar, learned counsel for the revision petitioners. Respondent though served with the notice, remained absent. 2. Petitioners who suffered an order of conviction for the offence punishable under section 138 of the Negotiable Instruments Act in CC No.1412/2018 and order to pay fine of Rs.1,50,000/- which has been ordered to be paid as compensation to the complainant which got confirmed in Criminal Appeal No.77/2022 is the revision petitioner. 3. Facts which are utmost necessary for disposal of the revision petition are as under: 4. A complaint came to be lodged under Section 200 of Cr.P.C. alleging the commission of the offence punishable under Section 138 to the Negotiable - 3 - NC: 2025:KHC-D:5129 CRL.RP No. 100329 of 2023 Instruments Act by contending that complainant runs the business of Goldsmith and accused persons who are Chairman And Secretary of Shree Shakti Multipurpose Society, Belagavi kept a Fixed Deposit with accused - society and said Fixed Deposit carried interest as well. 5. Despite the maturity of the Fixed Deposit, accused failed to pay the amount covered under the proceeds of fixed deposit and instead issued a cheque bearing No.491869 in a sum of Rs.1,50,000/- dated 28.05.2018 which on presentation came to be dishonored with an endorsement ‘funds insufficient’. Legal notice was issued but there was no compliance to the legal notice. Thereafter, necessary action was sought for against the accused. 6. Learned Trial Magistrate after taking cognizance, completed necessary formalities and summoned the accused. - 4 - NC: 2025:KHC-D:5129 CRL.RP No. 100329 of 2023 7. Accused appeared before the Court and engaged the services of an Advocate and plea was recorded. Accused pleaded not guilty and therefore, trial was held. 8. In order to establish the case of the complainant, complainant got examined himself as P.W.1 and placed on record, seven documents which were exhibited and marked as Exs.P.1 to 7 comprising of dishonored cheque, bank endorsement, copy of the legal notice, postal receipt, postal acknowledgement. 9. Detailed cross-examination of P.W.1 did not yield any positive material so as to disbelieve the case of the complainant nor to dislodge the presumption available to the complainant under Section 139 of the negotiable Instruments Act. 10. Learned Trial Magistrate recorded the accused statement as is contemplated under Section 313 of Cr.P.C. wherein accused have denied the incriminatory circumstances. - 5 - NC: 2025:KHC-D:5129 CRL.RP No. 100329 of 2023 11. To rebut the presumption available to the complainant, Mahesh Changdev Manohar Kugaji got examined as D.W.1 on behalf of the accused persons and did not place any documents on record. 12. In his cross-examination, liability is admitted and he has sought for payment of the amount covered under cheque in monthly installment of Rs.25,000/-. 13. Thereafter, learned Trial Magistrate heard the arguments of the parties and convicted the accused for the aforesaid offence and sentenced as referred to supra. 14. Being aggrieved by the same, accused persons have filed an appeal before the First Appellate Court in Crl.A.No.77/2022. 15. Learned Judge in the First Appellate Court reappreciated the material on record meticulously and dismissed the appeal. 16. Thereafter, accused persons are before this Court, in this revision petition. - 6 - NC: 2025:KHC-D:5129 CRL.RP No. 100329 of 2023 17. Smt.Amrutha Allannavar, learned counsel for the revision petitioner submitted that both the Courts have not taken into consideration the financial condition of the accused persons and failed to grant installment as prayed by D.W.1 resulting in miscarriage of justice and sought for allowing the revision petition. 18. Respondent served with the notice, remained absent. 19. In the light of the arguments put forth on behalf of the revision petitioner, this Court perused the material on record meticulously. 20. On such perusal of the material on record, since there is an admission as to the liability and what has been sought for by the accused person is only installment, this Court is of the considered opinion that granting time till up to 31.05.2025 to pay the amount covered under the cheque, would meet the ends of justice. - 7 - NC: 2025:KHC-D:5129 CRL.RP No. 100329 of 2023 21. Accordingly, the following: ORDER i. Revision petition is allowed in part. ii. Time is granted to pay the compensation till 30.05.2025. SD/- (V.SRISHANANDA) JUDGE KAV CT:PA List No.: 2 Sl No.: 15