- 1 - HC-KAR NC: 2026:KHC:19834 CRL.RP No. 1130 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 1130 OF 2022 BETWEEN: SMT. HEMAVATHI A. W/O. SRI. MARAPPA AGED ABOUT 38 YEARS, R/AT NO.7, 2ND CROSS RAMASWAMY LAYOUT, HALASAHALLI ROAD VARTHUR BENGALURU - 560 087 …PETITIONER (BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) AND: SRI. ARVIND PAREKH S/O. LATE MANGILAL AGED ABOUT 50 YEARS, R/AT NO.20, 3RD CROSS GANDHI NAGAR BENGALURU - 560 009 …RESPONDENT (BY SMT. NAYANATARA B.G., ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19834 CRL.RP No. 1130 of 2022 15.02.2018 IN C.C.NO.9703/2016 PASSED BY XV ADDL.C.M.M., BENGALURU (ANNEXURE-A). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. After addressing the argument for some time, learned counsel for the petitioner has filed a memo. Memo reads as under: " Herein, the memo on behalf of the Petitioner submits as under: That the top noted case is filed being aggrieved by the judgment dated 14.07.2022 passed by the Learned LVI Addl. City Civil and Sessions Judge, Bengaluru (CCH- 57) in Crl. Appeal No. 415/2018, whereby the Learned Judge has been pleased to confirm the judgment of conviction and sentence dated 15.02.2019 passed by the Learned XV Addl. Chief Metropolitan Magistrate, Bengaluru in C.C. No. 9703/2016 as against the Petitioner who is a practicing advocate by profession. - 3 - HC-KAR NC: 2026:KHC:19834 CRL.RP No. 1130 of 2022 That the Learned Magistrate vide judgment dated 15.02.2018, has convicted the Petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs. 8,00,000/- (Rupees Eight Lakhs Only) and in default of payment of which the Petitioner shall undergo simple imprisonment for a further period of three months. It is further submitted that out of the fine amount, a sum of Rs. 7,95,000/- (Rupees Seven Lakhs Ninety Five Thousand Only) has been directed to be paid to the Respondent/Complainant as compensation and the remaining sum of Rs. 5,000/- is ordered to be forfeited to the State towards prosecution expenses. It is submitted that this Hon'ble Court in top noted petition, vide order dated 26.09.2022, was pleased to direct the Petitioner to deposit 50% of the fine amount, inclusive of the amount already paid before the Trial Court. In compliance with the said order, the Petitioner has deposited a total sum of Rs. 4,00,000/- (Rupees Four Lakhs Only) before the Trial Court. It is further submitted that in order to settle the dispute, the Petitioner is ready and willing to deposit the remaining sum of Rs. 4,00,000/- (Rupees Four Lakhs Only) before the Trial Court on or before 30.06.2026. WHEREFORE, in the above facts and circumstances it is most - 4 - HC-KAR NC: 2026:KHC:19834 CRL.RP No. 1130 of 2022 humbly prayed that this Hon'ble Court may be pleased dispose of the matter by permitting the Petitioner to deposit the balance amount of Rs. 4,00,000/- (Rupees Four Lakhs Only) on or before 30.06.2026 and thereby set aside the portion of the judgment of conviction dated 15.02.2018 in CC no. 9703/2015 wherein accused was sentenced for simple imprisonment for a term of one year passed by the XV Addl. Chief Metropolitan Magistrate, Bengaluru and confirmed by Judgment dated 14.07.2022 in Crl. Appeal no. 415/2018 passed by Learned LVI AddI. City Civil and Sessions Judge, Bengaluru in the interest of justice and equity. 2. Counsel for the respondent has endorsed no objection. 3. Placing the memo on record, petition stand disposed off. 4. Amount in deposit is ordered to be withdrawn by the complainant, if not already withdrawn, under due identification. 5. It is made clear that if there is any default in the payment of balance amount as agreed in the memo, - 5 - HC-KAR NC: 2026:KHC:19834 CRL.RP No. 1130 of 2022 petitioner shall undergo imprisonment as ordered by the Trial Magistrate confirmed by the First Appellate Court. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 2 Sl No.: 23