- 1 - HC-KAR NC: 2026:KHC-D:2379 CRL.RP No. 100397 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100397 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: SHRI. SATISH S/O MANOHAR KUGAJI AGE. 40 YEARS, OCC. BUSINESS, R/O.H.NO.353, 1ST BUS STOP, SHIVAJI ROAD, YALLUR, TQ.DIST. BELAGAVI 590008 …PETITIONER (BY SRI. MAHANTESH S. HIREAMTH, ADVOCATE) AND: THE PATSON CHITS PVT. LTD., M.G.BHAVAN, COLLEGE ROAD, BEHIND SANMAN HOTEL BELAGAVI REPRESENTED BY ITS RECOVERY MANAGER SHRI. RAJU NARYAN JOSHI AGE. 46 YEARS, OCC. PVT. SERVICE, R/O. RAMTEERTH NAGAR, BELAGAVI TQ.DIST. BELAGAVI 590003. …RESPONDENT (BY SRI. PRAVEEN GEJJE, ADVOCATE FOR SRI. SHIVARAJ S. BALLOLI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W 401 OF CR.P.C. SEEKING TO BE ARGUED AT THE TIME OF HEARING IT IS HUMBLY PRAYED THAT COURT BE PLEASED TO CALL FOR RECORDS AND ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGMENT PASSED IN CRIMINAL APPEAL NO. 51/2021 DATED ON 10/02/2022 PASSED BY THE LEARNED VIII ADDITIONAL DIST. AND SESSIONS JUDGE BELGAUM AND ALSO THE JUDGMENT AND ORDER PASSED IN C.C. NO. 1110/2018, DATED ON 06/02/2021 PASSED BY THE CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.19 15:36:30 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2379 CRL.RP No. 100397 of 2023 LEARNED V JMFC BELGAUM FOR THE OFFENCE P/U/SEC. 138 OF NI ACT. AND ALLOW THE REVISION PETITION, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. Mahantesh S. Hiremath, learned counsel for the petitioner and Sri. Praveen Gejje, learned counsel appearing on behalf of Sri. Shivaraj S. Balloli, learned counsel for the respondent. 2. Accused is the revision petitioner who has suffered an order of conviction dated 06.02.2021 passed in C.C.No.1110/2018 by the Judicial Magistrate First Class-V, Belagavi1, which is confirmed in Criminal Appeal No.51/2021 by the VIII Additional District and Sessions Judge, Belagavi2, vide its judgment dated 10.02.2022. 3. Facts in nutshell which are utmost necessary for disposal of the present revision petition are as under: 1 For short, ‘the Trial Court’ 2 For short, ‘the First Appellate Court’ - 3 - HC-KAR NC: 2026:KHC-D:2379 CRL.RP No. 100397 of 2023 3.1. Complaint averments would reveal that the complainant had a business and during the course of his business, a group of members were formed who contribute towards the chits. 3.2. Accused is a prized subscriber of chit fund and towards the repayment of amount, issued a cheque, which on presentation came to be dishonored. There was no compliance to the callings of statutory notice and hence, sought for action. 4. Learned Trial Magistrate after completing the necessary formalities recorded the evidence of the complainant and convicted the accused for the offence punishable under Section 138 of N I Act, and awarded fine amount of Rs.2,42,000/-. Out of which a sum of Rs.2,000/- towards defraying expenses to the State. 5. Being aggrieved by the same, accused filed an appeal in Criminal Appeal No.51/2021. - 4 - HC-KAR NC: 2026:KHC-D:2379 CRL.RP No. 100397 of 2023 6. Learned Judge in the First Appellate Court after securing the records, heard the argument of the parties and dismissed the appeal. 7. Being further aggrieved by the same, the accused is before this Court in this Revision Petition. 8. Learned counsel for the petitioner reiterating the grounds urged in the petition vehemently contended that both the Courts have not properly appreciated the material evidence on record and sought for allowing of the revision petition. 9. Per contra, learned counsel for the respondent supports the impugned judgment. 10. Having heard the arguments of both sides, this Court perused the material on record meticulously. 11. On such perusal of the material on record, it is noticed that the complainant has placed on record twenty- nine documentary evidence which were exhibited and marked as Ex.P.1 to P.29 comprising of dishonored cheque, Bank endorsement, details of the chit, details with regard to - 5 - HC-KAR NC: 2026:KHC-D:2379 CRL.RP No. 100397 of 2023 the accused being the prized subscriber and also the deed of guarantee. 12. Admittedly, there was no compliance to the statutory notice. 13. Taking note of these aspects of the matter, the learned Trial Magistrate raised the presumption under Section 139 of N I Act. But to rebut the said presumption there is no defense evidence on record. Nor any useful materials are elicited in cross examination of PW1 so as to rebut the presumption. 14. Under such circumstances, recording the order of conviction and imposing the fine amount of Rs.2,42,000/- is just and proper. 15. Accordingly, the following: ORDER The petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE SMM/CT-CMU / LIST NO.: 1 SL NO.: 4