- 1 - HC-KAR NC: 2026:KHC-D:1300 CRL.RP No. 100078 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100078 OF 2022 (397(CR.PC)/438(BNSS)) BETWEEN: MOHAMMAD MUSASAB AD. SAYEED HUDLI AGE. 46 YEARS, OCC. BUSINESS, R/O. M.S. BATTERIES AND REFINERY, NEAR DR, KUTUBUDDIN, MAKANDAR CAMP, BELAGAVI - 590001. …PETITIONER (BY SRI. MAHANTESH S. HIREMATH, ADVOCATE) AND: MR. HYDERKHAN S. PATHAN, AGE. 48 YEARS, OCC. BUSINESS, R/O. PLOT NO. 68, MAHATMA PHULE ROAD, BELAGAVI- 590003. …RESPONDENT (NOTICE SERVED RESPONDENT) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C., PRAYING TO CALL FOR RECORDS AND ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGMENT PASSED IN CRIMINAL APPEAL NO.427/2019 DATED ON 29.01.2022 PASSED BY THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI AND ALSO THE JUDGMENT AND ORDER PASSED IN CC NO.483/2018 DATED 11.10.2019 PASSED BY THE VII-JMFC, BELAGAVI, FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT, AND ALLOW THE REVISION PETITION. THIS CRIMINAL PETITION COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.03 15:09:48 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1300 CRL.RP No. 100078 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Mahantesh S. Hiremath, learned counsel for the petitioner. 2. The accused, who was convicted in CC No.483/2018, confirmed in Crl.A. No. 427/2019 for the offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the N.I. Act”), was ordered to pay a fine of Rs.2,00,000/-, of which Rs.1,98,000 was directed to be paid as compensation to the complainant in respect of the dishonoured cheque, and the balance amount of Rs.2,000/- towards defraying the expenses of the State. The revision petitioner challenges the said order. 3. The complainant initiated criminal proceedings under Section 138 of the N.I. Act in respect of the dishonoured cheque issued by the accused. On due consideration of material on record, the trial court convicted the accused, noting that there was no defence evidence and - 3 - HC-KAR NC: 2026:KHC-D:1300 CRL.RP No. 100078 of 2022 that the complainant enjoyed the presumption under Section 139 of the N.I. Act. The cheque belonged to the accused, the signature thereon was admitted to be his, and there was no response to the legal notice. 4. The conviction was challenged before the first appellate court in Crl.A. No.427/2019. The learned appellate judge, after perusing the record and hearing the parties, dismissed the appeal by judgment dated 29.01.2022. 5. Being further aggrieved, the accused has approached this Court. 6. Sri Mahantesh S. Hiremath, learned counsel for the revision petitioner, reiterates that both courts failed to properly appreciate the material evidence, resulting in a miscarriage of justice, and seeks to allow the revision petition. 7. The Court has perused the material on record meticulously. In the absence of any defence evidence and no reply to the legal notice, the complainant having discharged the initial burden, the trial magistrate rightly - 4 - HC-KAR NC: 2026:KHC-D:1300 CRL.RP No. 100078 of 2022 invoked the presumption under Section 139 of the N.I. Act and recorded the order of conviction, which requires no interference. 8. However, the sum of Rs.2,000/- imposed by the trial Magistrate towards defraying the expenses of the State cannot be sustained in law. 9. In view of the fact that the lis is privy to the parties, the following order is passed: ORDER i. The revision petition is allowed in part. ii. The conviction of the accused for the offence punishable under Section 138 of the N.I. Act is maintained. iii. The fine of Rs.2,00,000/- imposed by the trial magistrate and confirmed by the first appellate court is modified. The fine is reduced to Rs.1,98,000/-. - 5 - HC-KAR NC: 2026:KHC-D:1300 CRL.RP No. 100078 of 2022 iv. The sum of Rs.2,000/- imposed towards defraying the expenses of the State is set aside. v. The balance fine amount shall be paid by the accused on or before 20.02.2026. vi. The amount in deposit is directed to be withdrawn by the complainant under due identification. vii. The office is directed to return the trial court records along with a copy of this order, and necessary action be taken for the issue of a modified conviction warrant. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE AC CT:CMU LIST NO.: 1 SL NO.: 40