- 1 - HC-KAR NC: 2026:KHC-D:1079 CRL.RP No. 100108 of 2020 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100108 OF 2020 (397(CR.PC)/438(BNSS)) BETWEEN: VADIRAJ S/O DHIRENDRA HUILGOL AGE. 39 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. MIG 206, I STAGE, 4TH CROSS, MYSURU-570020. …PETITIONER (BY SRI. B.G. INDI, ADVOCATE FOR SRI. K.L. PATIL, ADVOCATE) AND: RAKESH S/O RAMESH MENON AGE. 38 YEARS, OCC. BUSINESS, R/O. LIG-9, 1ST CROSS, HUDCO COLONY, MULAGUND NAKA, GADAG-581117. …RESPONDENT (NOTICE SERVED TO RESPONDENT) THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397(1) AND 401 OF CR.P.C., PRAYING TO ALLOW THIS CRIMINAL REVISION PETITION BY SETTING ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 27/02/2020 PASSED IN CRIMINAL APPEAL NO.28/2016 BY THE PRL. JUDGE FAMILY COURT & ADDL. DISTRICT AND SESSIONS JUDGE, GADAG THEREBY DISMISSING THE APPEAL FILED BY THE PETITIONER AND CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION DATED 01/04/2016 PASSED IN CC NO.2560/2015 BY THE I ADDL. CIVIL JUDGE AND JMFC I COURT, GADAG AND ACQUIT PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:1079 CRL.RP No. 100108 of 2020 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Learned counsel for the petitioner has filed a memo seeking permission to pay the amount in installments. Said memo reads as under: MEMO FOR DISPOSAL OF PETITION “In this the Advocate for the Petitioner submits as under; That, the Petitioner has filed the above revision petition seeking for set aside the judgment and orders dated 27/02/2020 passed in Criminal Appeal No. 28/2016 by the learned Prl. Judge Family Court & Addl. District and Sessions Judge, Gadag confirming the judgment and order of conviction dated 01/04/2016 passed in C.C. No. 2560/2015 by the learned I Addl. Civil Judge and JMFC, Gadag and thereby acquit the Petitioner for the offence punishable under Section 138 of NI Act. The learned Trial Court convicted the Petitioner/Accused for the offence Under Section 138 of NI Act. And the Petitioner was sentenced to pay a fine amount of Rs. 7,60,000/- within two months and in default undergo simple imprisonment for 6 months. - 3 - HC-KAR NC: 2026:KHC-D:1079 CRL.RP No. 100108 of 2020 As per the orders of the Hon'ble Appellate Courts the Petitioner has already deposited amount of Rs. 6,00,000/- (i.e. on 27/05/2016 Rs. 3,75,000/- and on 11/11/2020 Rs. 2,25,000/-) before the I Addl. Civil Judge (Jr.Dv.) & JMFC I Court, Gadag. The receipts having deposited the amount are enclosed with this memo. During the pendency of the above petition before this Hon'ble Court, the Petitioner has approached the Respondent for settlement of the case, but the Respondent has not come forward for the same. Now, the Petitioner is ready to deposit the remaining fine amount of Rs. 1,60,000/- within 30 days before the learned the I Addl. Civil Judge (Jr.Dv.) & JMFC I Court, Gadag. Wherefore, it is humbly prayed that, this Hon'ble Court may kindly be pleased to permit the Petitioner to deposit the balance fine amount of Rs. 1,60,000/- before the I Addl. Civil Judge (Jr.Dv.) & JMFC I Court, Gadag as to comply the order of conviction dated 01/04/2016 passed in C.C. No. 2560/2015 by the I Addl. Civil Judge (Jr.Dv.) & JMFC I Court, Gadag and thereby dispose the above petition, in the ends of justice. - 4 - HC-KAR NC: 2026:KHC-D:1079 CRL.RP No. 100108 of 2020 2. Placing the memo on record, the petition stands disposed of. 3. It is made clear that if the amount is not paid in terms of the undertaking given in the memo, the respondent is at liberty to execute the impugned order. Sd/- (V.SRISHANANDA) JUDGE RHR/-CT-CMU LIST NO.: 1 SL NO.: 13