- 1 - HC-KAR NC: 2026:KHC-D:1286 CRL.RP No. 100133 of 2019 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.100133 OF 2019 (397(CR.PC)/438(BNSS)) BETWEEN: SHRI. CHETAN ANANT KANGRALKAR AGE: 37 YEARS, OCC: BUSINESS, R/O: H.NO.1098, BICHU GALLI, KANABARGI, TQ AND DIST: BELAGAVI. …PETITIONER (BY SRI. M.N. PATIL, ADVOCATE FOR SRI. J.S. SHETTY, ADVOCATE) AND: SRI. DEEPAK BASAVARJ TILAGANJI, AGE: 40 YEARS, OCC: BUSINESS, R/O: H.NO.69, MARUTI TEMPLE ROAD, GANDHI NAGAR, BELAGAVI, TQ AND DIST: BELAGAVI. …RESPONDENT (BY SRI. VITTHAL S. TELI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C., PRAYING TO THE ORDER DATED 10.4.2019 PASSED BY THE XI ADDITIONAL DISTRICT AND SECESSIONS JUDGE, BELAGAVI AT BELAGAVI, IN CRIMINAL APPEAL NO:91/2018 AND THE ORDER OF CONVICTION AND SENTENCE DATED 3.2.2018 PASSED BY THE VII JMFC, BELAGAVI AT BELAGAVI IN CRIMINAL CASE NO:79/2017, CONVICTING THE PETITIONER HEREIN FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT, MAY KINDLY BE SET ASIDE THE PETITIONER MAY KINDLY BE ACQUITTED FROM THE CHARGES FRAMED AGAINST HIM IN THE INTEREST OF JUSTICE AND EQUITY. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.03 15:09:48 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1286 CRL.RP No. 100133 of 2019 THIS CRIMINAL REVISION PETITION COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri N.M.Patil, advocate for Sri J.S.Shetty, learned counsel for the revision petitioner and Sri Vitthal S. Teli, learned counsel for the respondent. 2. Accused who suffered an order of conviction in C.C No.79/2017 on the file of the VII JMFC, Belagavi, is the revision petitioner. 3. Facts in the nutshell which are utmost necessary for disposal of the present revision petition are as under: 4. In respect of dishonour of cheque, respondent initiated criminal prosecution. According to complaint averments, the complainant is a vegetable merchant and he was also a money lender. Accused who is having a workshop at Udyambag, Belagavi, approached the complainant for financial assistance in a sum of Rs.75,000/- in the month of November 2010. He paid the interest for couple of years and thereafter, neither paid the interest nor the principal amount. - 3 - HC-KAR NC: 2026:KHC-D:1286 CRL.RP No. 100133 of 2019 5. When the complainant demanded repayment of loan, accused issued a cheque bearing No. 084178 on 18.01.2013 drawn on Daivandnya Sahakara Bank Niyamita, Shahapur Branch, Belagavi, which on presentation came to be dishonored. 6. Statutory notice was not complied nor there was any reply. Therefore, complainant sought for action. 7. Learned Trial Magistrate after completing necessary formalities, noting the fact that the cheque belongs to the accused and signature therein is that of the accused, raised presumption available to the complainant under Section 139 of the Negotiable Instruments Act. 8. Since there was no rebuttal evidence placed on record by the accused, accused was convicted and ordered to pay fine in a sum of Rs.88,000/- of which a sum of Rs.85,000/- is ordered to be paid as compensation and remaining sum of Rs.3,000/- towards the defraying expense of the State. 9. Validity of the said order was questioned in Criminal Appeal No.91/2018 on the file of the XI Addl. District and Sessions Judge, Belagavi, which came to be dismissed on 10.04.2019. - 4 - HC-KAR NC: 2026:KHC-D:1286 CRL.RP No. 100133 of 2019 10. Thereafter, accused is before this Court in the present revision petition. 11. Sri N.M.Patil, learned counsel would contend that both the Courts have not properly appreciated the material evidence on record in right perspective and the cheque has been misused by the complainant. Thus, sought for allowing the revision petition. 12. Per contra, Sri Vitthal S. Teli, learned counsel would oppose the revision grounds. 13. Having heard the arguments of both sides, this Court perused the material on record meticulously. 14. On such perusal of the material on record, admittedly the dishonoured cheque belongs to the revision petitioner and signature found therein is that of the accused. 15. Initial burden has been thus discharged by the complainant, as there was no reply to the callings of the statutory notice. There is no rebuttal evidence placed on record on behalf of the accused resulting in an order of conviction of the accused. - 5 - HC-KAR NC: 2026:KHC-D:1286 CRL.RP No. 100133 of 2019 16. The defence taken by the accused that the cheque is misused is also not probabilised by placing any evidence on record nor there was any criminal complaint filed by the accused against the complainant. 17. Taking note of these aspects of the matter, there is no reason to interfere with the order of conviction. 18. Having said so, since the lis is privy to the parties and no State machinery is involved, imposition of Rs.3,000/- towards the defraying expenses of the State needs interference in this revision. 19. Accordingly, the following: ORDER (i) Criminal Revision Petition is allowed in part. (ii) While maintaining the conviction of the revision petitioner/accused for the offence punishable under Section 138 of Negotiating Instruments Act, fine amount of Rs.88,000/- imposed by the learned Trial Magistrate confirmed by the First Appellate Court is reduced to Rs.85,000/-. - 6 - HC-KAR NC: 2026:KHC-D:1286 CRL.RP No. 100133 of 2019 (iii) Entire sum of Rs.85,000/- is ordered to be paid as compensation to the complainant. (iv) Imposition of Rs.3,000/- towards the defraying expense of the State out of the fine amount is hereby set aside. (v) Amount in deposit, if any, is ordered to be withdrawn by the complainant under due identification. (vi) Balance amount to be paid on or before 20th February 2026. (vii) Office is directed to return the Trial Court records forthwith, along with copy of this order for issue of modified conviction warrant. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE kcm CT:CMU LIST NO.: 1 SL NO.: 25