- 1 - HC-KAR NC: 2026:KHC-D:1162 CRL.RP No. 100169 of 2019 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100169 OF 2019 (397(CR.PC)/438(BNSS)) BETWEEN: MOHAMMED ABDULJAFAR RANGREZ AGE: 32 YEARS, OCC: BUSINESS, R/O: CTS NO.4817/52, 2ND CROSS, SHUBASH NAGAR, BELAGAVI-590016. …PETITIONER (BY SRI. SOURABH HEGDE, ADVOCATE) AND: GURU VIVEKANAND MULTIPURPOSE CO-OP SOCIETY KACHERI ROAD, BELAGAVI, REPRESENTED BY ITS SECRETARY/RECOVERY OFFICER, SHRI VISHAL Y PATIL, AGE: 39 YEARS, OCC: BUSINESS, R/O: KACHERI ROAD, BELAGAVI-590003. …RESPONDENT (NOTICE SERVED TO RESPONDENT) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND CONVICTION AND SENTENCE PASSED BY THE JMFC V-COURT, BELAGAVI AT BELAGAVI IN C.C.NO.2375/2017 DATED 19.03.2018 AND CONFIRMED IN CRL.A.NO.10/2019 DATED 10.05.2019 ON THE FILE OF THE X-ADDL. SESSIONS JUDGE, BELAGAVI AT BELAGAVI, FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT AND ACQUIT THE PETITIONER/ACCUSED IN THE INTEREST OF JUSTICE. THIS CRIMINAL REVISION 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:1162 CRL.RP No. 100169 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Sourabh Hegde, learned counsel for the petitioner. 2. None appears for the respondent, though duly served with the notice of the petition. 3. The accused, who suffered an order of conviction in C.C.No.2375/2017, which was confirmed in Criminal Appeal No.10/2019 for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as ‘the N.I.Act’,) is the revision petitioner. 4. Facts in the nutshell which are utmost necessary for disposal of the present revision petition are as under: Criminal prosecution was launched by the respondent in respect of a dishonored cheque. The learned trial Magistrate, after completing the necessary formalities, convicted the accused and imposed a fine of ₹.3,17,000/- of which ₹.3,16,500/- was ordered to be paid as compensation to the complainant, noting that there was no rebuttal evidence. 5. The complainant-society had advanced a loan and towards repayment, the cheque in question came to be issued. - 3 - HC-KAR NC: 2026:KHC-D:1162 CRL.RP No. 100169 of 2019 The cheque was dishonored with the endorsement ‘insufficient funds’ and there was no compliance to the callings with the statutory notice issued vide Exhibit P-3, served vide Exhibit P-5. 6. Therefore, there is no justification in interfering with the conviction order passed by trial Magistrate and confirmed by the First Appellate Court. 7. However, the sum of ₹.500/- imposed as fine towards defraying the expenses of the State needs to be interference, as there was no State machinery is involved in this private transaction. 8. Accordingly, the following order is passed: ORDER (i) The Criminal Revision Petition is allowed in part. (ii) While maintaining the conviction of the accused for the offence punishable under Section 138 of the N.I.Act, the fine amount is reduced from ₹. 3,17,000/- to ₹. 3,16,500/- and entire amount of ₹.3,16,500/- is ordered to be paid as compensation to the complainant. - 4 - HC-KAR NC: 2026:KHC-D:1162 CRL.RP No. 100169 of 2019 (iii) The sum of ₹.500/- imposed as fine towards defraying the expenses of the State is hereby set-aside. (iv) The office is directed to return the trial Court records along with a copy of this order for issuance of a modified conviction warrant. Sd/- (V.SRISHANANDA) JUDGE RHR/- CT:CMU LIST NO.: 2 SL NO.: 29