- 1 - HC-KAR NC: 2026:KHC:17913 CRL.RP No. 451 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 451 OF 2021 BETWEEN: SMT. JYOTHI DHANARAJ, AGED ABOUT40 YEARS, W/O DHANARAJ, RAJANNA, R/O SAVARLINE ROAD RIGHT SIDE, SHIVAMOGGA CITY - 577 201 …PETITIONER (BY SMT. RIKITHA M., ADVOCATE FOR SRI. RAKSHITH R., ADVOCATE) AND: GOPALAKRISHNA S/O VENKATARAMANAPPA, AGED ABOUT 40 YEARS, PROVISION STORE BUSINESS, R/O LAKSHMAN GARAGE, SAVARLINE ROAD SHIVAMOGGA CITY - 577 201. …RESPONDENT (BY SRI. SHARATH KUMAR SHETTY, ADVOCATE) THIS CRL.R.P. IS FILED U/S. 397 R/W 401 CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17913 CRL.RP No. 451 of 2021 JUDGMENT OF CONVICTION DATED 16.03.2020 PASSED BY THE J.M.F.C.-II COURT, SHIVAMOGGA IN C.C.NO.157/2016 AND CONFIRMED BY THE JUDGMENT DATED 26.02.2021 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA IN CRL.A.NO.122/2020 AND ACQUIT THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Mr. Likitha, learned counsel for the revision petitioner and Sri. Sharath Kumar Shetty, learned counsel for the respondent. 2. IA No.1/2026 is filed to recall the Order dated 03.03.2026. 3. This petition was dismissed for non-prosecution earlier by an Order dated 03.03.2026. - 3 - HC-KAR NC: 2026:KHC:17913 CRL.RP No. 451 of 2021 4. Being satisfied with the reasons assigned in the accompanying affidavit filed along with the application, I.A.No.1/2026 is allowed. 5. Revision petitioner is the accused who suffered an Order of eviction in CC No.157/2016 confirmed in Crl. Appeal No.122/2020 for the offence punishable under Section 138 of the Negotiable Instruments Act. 6. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under ; 6.1 A complaint came to be lodged under Section 200 Code of Criminal Procedure alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments Act by contending that accused is acquainted with the complainant for several years and accused was having a financial business and in the month of December 2012, accused requested Rs.50,00,000 (Rupees Fifty Lakhs) as loan to meet expenses of construction of accused's house at J.H. Patel Extension, Shivamogga. - 4 - HC-KAR NC: 2026:KHC:17913 CRL.RP No. 451 of 2021 Accused promised to pay interest at 18% per annum and agreed to repay the same as early as possible. 6.2 Commencing from 04.01.2013 upto 17.08.2013, the complainant lent some Rs.17,56,500/- through cheques and Rs.10,00,000/- in cash on 08.08.2013. Accused was liable to pay an amount of Rs.6,00,000/- to the complainant and said amount also left with the accused by way of the portion of the loan on 01.04.2013. In all as on 17.08.2013, complainant had advanced loan of Rs.33,66,500/-. A document came to be executed by accused in this regard on 01.04.2013 and in the said document, he had agreed to repay the said amount Rs.33,56,500/- along with interest on or before June 2014. 6.3 Then in the month of December 2013, accused got absconded from Shivamogga and after thorough enquiry and search, it was learnt that accused was heavily indebted to several persons and in that regard complainant also lodged a police complaint which is - 5 - HC-KAR NC: 2026:KHC:17913 CRL.RP No. 451 of 2021 pending for trial. When the matter stood thus, accused was traced and on demand, she issued a cheque bearing No.007621 dated 09.12.2015 in a sum of Rs.33,56,500/- drawn on IDBI Bank, Shivamogga Branch which on presentation came to be dishonored with an endorsement 'fund insufficient' on 10.12.2015. 6.4 Legal notice was issued demanding the amount covered under the cheque. There were no compliance to the legal notice nor there any reply. Therefore, action was sought. 6.5 On completing the necessary formalities, learned Trial Magistrate secured the presence of the accused and plea was recorded. Accused pleaded not guilty, therefore trial was held. 6.6 In support of the case of the complainant, he got examined himself as PW1 and placed on record sixteen documents which were marked as Exhibit P1 to Exhibit P16 comprising of dishonored cheque, bank endorsement, - 6 - HC-KAR NC: 2026:KHC:17913 CRL.RP No. 451 of 2021 copy of the legal notice, postal receipt and acknowledgment, reply notice, statement of account for the year 2013-2014, FIR, APL card, sale deed, agreement, income tax paid counter file. 6.7 During the course of Cross-examination of PW1, three documents were placed on the card, namely certified copy of the Order Sheet in CC No.177/2019, records of CC No.475/2014, and copy of the election identity card of the accused. 6.8 Learned Trial Magistrate on conclusion of recording of evidence, on cumulative analysis of the material on record convicted the accused and sentenced as under : "Acting U/s.255(2) of Cr.P.C. the accused is hereby held guilty of committing offence punishable u/s.138 of N.I.Act. The accused is hereby convicted and sentenced to pay a fine of Rs.35,00,000/-and in default to pay the fine, she shall undergo simple imprisonment for six months. Out of the fine amount deposited by the accused, Rs. 34,90,000/- has to be paid to the complainant as - 7 - HC-KAR NC: 2026:KHC:17913 CRL.RP No. 451 of 2021 compensation u/s.357(1)(b) of Cr.P.C. and Rs.10,000/- shall be remitted to the state after appeal period is over." 6.9 Being aggrieved by the same, accused filed an appeal before the District Court in Criminal Appeal No.122/2020. 6.10 Learned Judge in the First Appellate Court after securing the records heard the arguments of the parties in detail and on re-appreciation of the material on record dismissed the appeal of the accused and confirmed the order of conviction and sentence passed against the petitioner herein. 7. Being further aggrieved by same, accused is before this Court. 8. Ms. Nikitha, learned counsel for the petitioner reiterating the grounds urged in the petition would contend that petitioner is not an habitual offender and due to the circumstances that prevail, she could not repay the same. - 8 - HC-KAR NC: 2026:KHC:17913 CRL.RP No. 451 of 2021 9. She would further contend that if one year time is granted, the petitioner would clear the amount. 10. She would further contend that husband of the petitioner is suffering from cancer and therefore petitioner is unable to pay the fine amount within a short span of time. 11. Per contra, Sri. Sharath Kumar Shetty, learned counsel for the respondent supports the impugned judgment. 12. He would further contend that the transaction is of the year 2013 and even in the year 2026, if the petitioner is unable to pay the fine amount, no indulgence can be shown by this Court by granting one year time and at the most the fine amount is ordered to be paid within six installments and sought for passing appropriate orders. 13. Having heard the arguments of both sides, this Court noticed that the cheque belongs to the accused and there is no dispute with regard to the signature found therein. - 9 - HC-KAR NC: 2026:KHC:17913 CRL.RP No. 451 of 2021 14. Transaction is fortified by placing necessary material evidence on record including the account extract and income tax returns. 15. Taking note of the health condition of the husband of the petitioner, if the petitioner is directed to pay the fine amount within a period of six months from today ends of justice would be met. 16. Accordingly, without expressing further opinion on the merits of the matter, following order is passed: ORDER (i) Criminal Revision Petition is allowed in part. (ii) While maintaining the conviction of the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, six months time is granted to clear the balance fine amount. (iii) Amount in deposit if any is ordered to be withdrawn by the complainant under due identification. (iv) It is made clear that if the amount is fine amount is not paid within six months from today, the petitioner - 10 - HC-KAR NC: 2026:KHC:17913 CRL.RP No. 451 of 2021 shall undergo imprisonment as ordered by Trial Magistrate, confirmed by the First Appellate Court. (v) Office is directed to return the Trial Court Records with copy of this order. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 17