- 1 - NC: 2025:KHC-D:5612 CRL.RP No. 100277 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100277 OF 2019 (397(CR.PC)/438(BNSS)) BETWEEN: SHRI UMARAM S/O. JOTAJI GANCHI, AGE: 44 YEARS, OCC. BUSINESS, R/O. NEAR POLICE STATION, OPP. MASJID, POST: RABAKAVI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOTE. …PETITIONER (BY SRI N.L. BATAKURKI, ADVOCATE) AND: SHRI DHARAMANNA S/O. DHAREPPA MUDAKANNAVAR, AGE: 64 YEARS, OCC. AGRICULTURE, R/O. HALINGALI, TQ. JAMKHANDI, DIST. BAGALKOTE. …RESPONDENT (BY SRI SHIVARAJ P. MUDHOL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W. 401 OF CR.P.C. SEEKING TO SET ASIDE THE IMPUGNED ORDER DATED 27.08.2019 PASSED BY THE I-ADDL. DIST. & SESSIONS JUDGE, BAGALKOTE, SITTING AT JAMKHANDI IN CRL.A.NO.44/2017 CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE JMFC COURT, BANAHATTI IN C.C.NO.164/2011 DATED 01.07.2017 SENTENCING THE PETITIONER TO PAY FINE OF RS.3,55,000/- IN DEFAULT OF PAYMENT OF FINE HE SHALL UNDERGO SI FOR PERIOD OF SIX MONTHS FOR THE OFFENCES U/S. 138 OF NI ACT AND OUT OF FINE AMOUNT OF RS.3,50,000/- TO BE PAID AS COMPENSATION TO RESPONDENT HEREIN AND ACQUIT THE PETITIONER HEREIN. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.01 14:56:07 +0530 - 2 - NC: 2025:KHC-D:5612 CRL.RP No. 100277 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) After addressing the arguments for considerable length of time, Sri.N.L.Batakurki, counsel for the revision petitioner files an affidavit of the revision petitioner which reads as under: “HEREIN, I Umaram S/o Jotaji Ganchi Age: 43Years Occ: Business R/o Near police station, Opp Masjid Rabkavi Tq: Rabkavi Banahatti Dist: Bagalkot today at Dharwad do hereby state on solemn affirmation as under. That I am petitioner in this case, and I have already deposited Rs. 1,00,000/- before trial court and I under takes to pay remaining cheque amount of Rs. 2,55,000/- in three months i.e. on or before 27.06.2025 without fail ie Rs 75:000/- on 25/4/2025, Rs 1,00,000/- on 03/06/25 and Rs 80,000/- on 27/6/2025. Wherefore, it is most humbly prayed that, the Hon'ble Court pleased to grant three months time to deposit Rs. 2,55,000/- in the interest of justice and equity. - 3 - NC: 2025:KHC-D:5612 CRL.RP No. 100277 of 2019 The contents of the affidavit are read over and explained to me in Hindi they are true and correct.” 2. Sri.Shivaraj P.Mudhol, learned counsel however opposes the proposal made by the revision petitioner. 3. On perusal of the contents of the affidavit, taking note of the fact that the revision petitioner has expressed his financial difficulties in paying fine amount, installment as sought for by the petitioner needs to be considered; more so, taking note of the fact that the criminal case was of the year 2011. 4. Accordingly, this Court is of the considered opinion that placing the affidavit on record, revision petition needs to be disposed of. 5. Hence, the following Order. ORDER i) Criminal Revision Petition is allowed in part. ii) While maintaining the conviction of the revision petitioner for the offence under Section 138 of NI Act, sentence is modified as under: - 4 - NC: 2025:KHC-D:5612 CRL.RP No. 100277 of 2019 a) Sum of Rs.5,000/- imposed by the trial Magistrate towards defraying expenses of the State is hereby set aside. b) Entire amount of Rs.3,55,000/- is ordered to be paid as compensation to the respondent-complainant. c) Already sum of Rs.1,00,000/- is deposited which is entitled to be withdrawn by the respondent-complainant under due identification. d) Balance sum of Rs.2,55,000/- is ordered to be paid as undertaken by the revision petition as is referred to supra. e) Failure to pay any one of the installments, the revision petitioner shall undergo simple imprisonment for a period of six months. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA LIST NO.: 2 SL NO.: 47