- 1 - NC: 2025:KHC-D:5130 CRL.RP No. 100396 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.100396 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: SHRI PRAKASH S/O. BASAVARAJ MATHAPATI, AGE: 38 YEARS, OCC. BUSINESS, R/O. H.NO.540/46/3H WADA COMPOUND, ANGOL, BELAGAVI. C/O. GLOBAL TYRES PLOT NO.989, I SY.NO.618 KIADB, AUTO NAGAR, BELAGAVI, C/O. TAJ TYRES, PLOT NO.119, I CROSS KIADB, AUTO NAGAR, BELAGAVI–590003. …PETITIONER (BY MISS AMRUTHA ALLANNAVAR, ADVOCATE FOR SRI MAHANTESH S. HIREMATH, ADVOCATE) AND: M.S. TRADERS PROPRIETOR, MR. SHARAD K. WABLE, AGE: 74 YEARS, OCC. BUSINESS, R/O. GANESHPUR, BELAGAVI-590004. …RESPONDENT (BY SMT.GEETHA K.M @ PAWAR. ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 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. 201/2023 DATED ON 03/10/2023 PASSED BY THE LEARNED IV ADDITIONAL DISTRICT AND SESSION JUDGE BELAGAVI AND ALSO THE JUDGMENT AND ORDER PASSED IN C.C. NO. 165/2022 DATED 10/02/2023 PASSED BY THE LEARNED VII J.M.F.C. BELAGAVI, FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT AND ALLOW THE REVISION PETITION. V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.29 12:03:22 +0530 - 2 - NC: 2025:KHC-D:5130 CRL.RP No. 100396 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 Miss.Amrutha Allannavar for Sri.Mahantesh S. Hiremath, counsel for the petitioner and Smt.Geetha K.M. @ Pawar, counsel for the respondent. 2. Accused who suffered an order of conviction in CC No.165/2022 confirmed in Crl.A.No.201/2023 for the offence punishable under Section 138 of Negotiable Instruments Act (hereinafter for short ’NI Act’) and ordered to pay fine of Rs.1,30,000/-, to be paid as compensation to the complainant after giving reduction of Rs.20,000/- paid by the accused during the pendency of the proceedings as against the cheque amount of Rs.1,30,000/- is the revision petitioner. 3. Facts in the nutshell for disposal of the present petition are as under: - 3 - NC: 2025:KHC-D:5130 CRL.RP No. 100396 of 2023 3.1 In respect of the dishonoured cheque bearing No.018281 drawn on KVG Bank, Belagavi dated 08.04.2020, accused stood for the trial and he was convicted. While passing the order of conviction, the trial Magistrate took into consideration the payment of Rs.20,000/- made during pendency of the proceedings and give due reduction in the cheque amount of Rs.1,50,000/-. So also learned trial Magistrate took into consideration the admission of the accused in his cross examination that dishonoured cheque belongs to him and signature found therein also his signature. Therefore, order of conviction recorded by the trial Magistrate confirmed by the First Appellate Court needs no interference in this revision petition. 4. Miss.Amrutha, would contend that reasonable time may be granted to pay the balance amount. 5. Smt.Geetha Pawar, counsel opposes the granting time as the transaction is of the year 2021 and - 4 - NC: 2025:KHC-D:5130 CRL.RP No. 100396 of 2023 sufficient time has already been granted and sought for dismissal of the revision petition. 6. Having heard the learned counsel for the parties, this Court perused the material on record meticulously. 7. On such perusal of the material on record, issuance of cheque, signature found therein is not in dispute. In fact, accused paid part of the cheque amount in a sum of Rs.20,000/- which has been given due deduction from the trial Magistrate. 8. As such, extending the time till 30.05.2025 to pay the balance amount would meet the ends of justice in the facts and circumstances of the case. 9. Accordingly, the following order: ORDER i) Revision petition dismissed. - 5 - NC: 2025:KHC-D:5130 CRL.RP No. 100396 of 2023 ii) However, time is granted to the revision petitioner to pay the balance amount till 30.05.2025. iii) Failing which, respondent is at liberty to execute the impugned orders. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA LIST NO.: 2 SL NO.: 20