- 1 - HC-KAR NC: 2026:KHC-D:1085 CRL.RP No. 100074 of 2021 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. 100074 OF 2021 (397(CR.PC)/438(BNSS)) BETWEEN: MR. SHASHIKANT A. GADIWADDAR AGE 44 YEARS, OCC. SERVICE, R/O. C/O HESCOM OFFICE, NEHRU NAGAR, OPP. JNMC COLLEGE, BELAGAVI, PIN CODE 590003. …PETITIONER (BY SRI. MAHANTESH S. HIREMATH, ADVOCATE) AND: SHRI. AVINASH PRAKASH KABADI AGE 42 YEARS, OCC. BUSINESS, R/O MARTALO RESIDENCY, GOODSHED ROAD, BELAGAVI, PIN CODE 590003. …RESPONDENT (BY SRI. RAM P. GHORPADE, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C., SEEKING TO CALL FOR RECORDS AND ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGMENT PASSED IN CRIMINAL APPEAL NO.23/2019 DATED ON 11/02/2021 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI AND ALSO THE JUDGMENT AND ORDER PASSED IN C.C.NO.1829/2017 DATED 02/01/2019 PASSED BY THE V JMFC, BELAGAVI AND U/S 138 OF N.I. ACT IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:1085 CRL.RP No. 100074 of 2021 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. Mahantesh S. Hiremath, learned counsel for the revision petitioner and Sri. Ram P. Ghorpade, learned counsel for the respondent. 2. The revision petitioner is the accused who suffered an order of conviction dated 02.01.2019 for the offence punishable under Section 138 of the Negotiable Instruments Act, 18811 in C.C. No.1829/2017 passed by the JMFC-V Court, Belagavi2, which is confirmed in Criminal Appeal No.23/2019. 3. Facts in nutshell which are utmost necessary for disposal of the present petition are as under: 4. In the aspect of dishonor cheque, a private complaint under Section 200 of Code of Criminal Procedure, 1 For short, ‘N.I. Act’ 2 For short, ‘the Trial Court’ - 3 - HC-KAR NC: 2026:KHC-D:1085 CRL.RP No. 100074 of 2021 19733 came to be filed alleging the commission of the offence punishable under Section 138 of the N. I. Act, by contending that the accused has borrowed hand loan of Rs.4,00,000 and towards the repayment, he had issued the Cheque bearing No.694198 drawn on the State Bank of India, Malmaruti (west) Branch, Shivabasav Nagar, Belagavi. The said cheque on presentation got dishonored. 5. Thereafter, statutory notice came to be issued and there was no compliance to the callings of notice and thereafter, action was sought. 6. Learned Trial Magistrate after completing the necessary formalities following the dictum of the Hon'ble Apex Court in the case of Indian Bank Association and Others Vs. Union of India and Another4, conducted the trial and recorded the evidence of complainant and considering the nine documentary evidence on record, which are exhibited and marked as Ex.P1 to P9, comprising 3 For short, ‘Cr.P.C.’ 4 AIR 2014 SC 2528 - 4 - HC-KAR NC: 2026:KHC-D:1085 CRL.RP No. 100074 of 2021 of income tax report of the wife of the complainant, bank endorsement and copy of the statutory notice, convicted the accused and sentenced him as under: “In excise of power conferred U/Sec.255(1) Cr.P.C., accused is convicted for the offence punishable U/Sec.138 of Negotiable Instruments Act. The accused is sentenced to pay fine of Rs.5,00,000/- and in default he shall undergo simple imprisonment for the term of 6 months. Out of fine amount of Rs.5,00,000/- a sum of Rs.4,90,000/- is ordered to be paid to the complainant towards compensation U/s 357 of Cr.P.C. and the balance amount of Rs.10,000/- shall be remitted to State as defraying expenses.” 7. Being aggrieved by the same, accused filed an appeal before the learned II Additional Sessions Judge, Belgaum5. 8. Learned Judge in the First Appellate Court after securing the records, heard the arguments of the parties 5 For short, ‘the First Appellate Court’ - 5 - HC-KAR NC: 2026:KHC-D:1085 CRL.RP No. 100074 of 2021 and by impugned judgment dated 11.02.2021 dismissed the appeal. 9. Being further aggrieved by the same, accused is before this Court. 10. Learned counsel for the revision petitioner reiterating the grounds urged in the petition vehemently contended that both the Courts have not properly considered the material evidence on record and wrongly convicted the accused and sought for allowing the revision petition. 11. Learned counsel for the respondent supports the impugned judgment. 12. Having heard the arguments of both sides, this Court perused the material on record meticulously. 13. On such perusal of the material on record, initial burden has been discharged by the complainant by placing the necessary material evidence on record in the form of oral and documentary evidence. Income tax returns filed by the wife of the petitioner is also placed on record. - 6 - HC-KAR NC: 2026:KHC-D:1085 CRL.RP No. 100074 of 2021 14. Prima facie establish that accused has borrowed a sum of Rs.4,00,000/- from the complainant and towards the repayment a cheque came to be issued. 15. Thus, the statutory presumption under Section 139 of the N.I. Act, came to be rightly invoked by the learned Trial Judge. But, no rebuttal evidence was adduced, as the accused chose not to lead either oral or documentary evidence. 16. Further, the answers elicited during cross- examination are also not sufficient enough to rebut the statutory presumption available to the complainant. As such, conviction recorded by learned Trial Magistrate confirmed by the First Appellate Court needs no interference. 17. Having said so, the learned Trial Judge has imposed fine of Rs.5,00,000/- and from which Rs.4,90,000/- was ordered to be paid as compensation to the complainant and balance sum of Rs.10,000 towards the defraying expenses to the State. - 7 - HC-KAR NC: 2026:KHC-D:1085 CRL.RP No. 100074 of 2021 18. Since the lis is privy to the parties and no State machinery was involved, the award of Rs.10,000/- towards defraying expenses to the State in the disposal of the criminal case cannot be countenanced in law and calls for interference in this revision. 19. Hence, the following: ORDER (i) The 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 entire fine amount of Rs.5,00,000/- is ordered to be paid as compensation to the complainant. (iii) A sum of Rs.10,000/- awarded towards defraying expenses to the State is hereby set aside. - 8 - HC-KAR NC: 2026:KHC-D:1085 CRL.RP No. 100074 of 2021 (iv) Office is directed to return the Trial Court records with copy of this order forthwith for issuance of modified conviction warrant. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE SMM Ct-cmu LIST NO.: 3 SL NO.: 33