- 1 - HC-KAR NC: 2026:KHC-D:575 CRL.P No. 102534 of 2021 C/W CRL.RP No. 100089 of 2022 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 102534 OF 2021 (482(CR.PC)/528(BNSS)) C/W CRIMINAL REVISION PETITION NO. 100089 OF 2022 IN CRL.P NO. 102534/2021: BETWEEN: KANUMALLI VEERANAVENKATA SUBBARAO SINCE DECEASED BY LRS 1(A) KANUMALLI NIRANJAINI W/O. KANUMALLI VEERAVENKATA SUBBARAO AGE: 38 YEARS, OCC: HOUSEHOLD WORK R/O. LAXMI CAMP, RAUDAKUNDA VILLAGE 581128, TQ. SINDHANOOR, DIST. RAICHUR. 1(B) KANUMALLI SIRI D/O. KANUMALLI VEERAVENKATA SUBBARAO AGE: 16 YEARS, OCC: STUDENT R/O. LAXMI CAMP, RAUDAKUNDA VILLAGE 581128, TQ. SINDHANOOR, DIST. RAICHUR. 1(C) KANUMALLI KAVANASHRI D/O. KANUMALLI VEERAVENKATA SUBBARAO AGE: 09 YEARS, OCC: STUDENT, R/O. LAXMI CAMP, RAUDAKUNDA VILLAGE 581128, TQ. SINDHANOOR, DIST. RAICHUR. SINCE THE PROPOSED PETITIONER NO.1(A) TO 1(C) ARE MINORS, R/BY THEIR NATURAL MOTHER AND MINOR GUARDIAN PROP. PETITIONER NO.1(A) KANUMALLI NIRANJAINI. PETITIONER NO.1(A) TO 1(C) HAVE BEEN BROUGH ON Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:575 CRL.P No. 102534 of 2021 C/W CRL.RP No. 100089 of 2022 RECORD AS LRS OF DECEASED SOLE PETIONER, V.O.D. 05.01.2026. …PETITIONERS (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: 1. SRI. GAYATRI AGRO FOODS REPRESENTED BY ITS MANAGING PARTNER/DIRECTOR, AMARESH PATIL S/O SOMANATH REDDY AGE. 53 YEARS, OCC. BUSINESS, R/O. BUDAGUMPA ROAD, KARATAGI 583229, DIST. KOPPAL. 2. AMARESH PATIL S/O SOMANATH REDDY AGE. 53 YEARS, OCC. BUSINESS, R/O. HIG/1/1, KHB COLONY, OPP. JUDGES COLONY, SANTHOSH NAGAR, HUBBALLI - 580020, DIST. DHARWAD. …RESPONDENTS (BY SRI. AMARESH PATIL S/O. SOMANATH REDDY, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO CALL FOR TRIAL COURT RECORDS AND ALLOW THE PETITION AND ENHANCE THE FINE AMOUNT BY MODIFYING THE JUDGMENT DATED 29.10.2021 IN CRL.R.P. NO.98/2020 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI AND JUDGMENT DATED 11.08.2020 IN CC NO.303/2019 ON THE FILE OF JMFC-III, HUBBALLI, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.RP NO. 100089/2022: BETWEEN: 1. SHRI. GAYATRI AGRO FOODS REPRESENTED BY ITS MANAGING PARTNER/DIRECTOR AMARESH PATIL S/O SOMANATH REDDY AGE. 54 YEARS, OCC. BUSINESS, - 3 - HC-KAR NC: 2026:KHC-D:575 CRL.P No. 102534 of 2021 C/W CRL.RP No. 100089 of 2022 R/O BUDAGUMPA ROAD, KARATAGI, DIST. KOPPAL. 2. SHRI AMARESH PATIL S/O SOMANAT REDDY AGE. 54 YEARS, OCC. BUSINESS, R/O HIG-1/1, KHB COLONY, OPP JUDGES COLONY, SANTOSH NAGAR, HUBBALLI. ...PETITIONERS (BY SRI. RAMESH BABU P., ADVOCATE) AND: SHRI. KANUMALLAI VEERAVENKATA SUBBARAO S/O LATE KANUMALLI SURYANARAYANA AGE. 47 YEARS, OCC. C.A. R/O. FLAT NO.51 BLDG, NO. 50A1 MUFATHA VILLAGE, A1 WAKRA QATAR, THROUGH HIS SPL PA HOLDER SHRI ANAND RAIBAGI S/O RAJANA AGE. 47 YEARS, OCC. BUSINESS, R/O SHINDANUR. ...RESPONDENT (NOTICE SERVED TO RESPONDENT) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. 1973, PRAYING TO SET ASIDE THE ORDER OF CONVICTION DATED 25.10.2021 PASSED IN CRIMINAL APPEAL NO.75/2020 BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI CONFIRMING THE ORDER OF CONVICTION DATED 11.08.2020 PASSED IN CC NO.303/2019 BY THE III JMFC COURT, HUBBALLI FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT BY ALLOWING THIS CRIMINAL REVISION PETITION, TO MEET ENDS OF JUSTICE. - 4 - HC-KAR NC: 2026:KHC-D:575 CRL.P No. 102534 of 2021 C/W CRL.RP No. 100089 of 2022 THE CRIMINAL PETITION AND THE CRIMINAL REVISION PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. Chetan Munnoli and Sri. Ramesh Babu P., learned counsel for the respective parties. 2. The petition in Criminal Petition No.102534/2021 is filed by the complainant seeking enhancement of the compensation and the petition in Criminal Petition No.100089/2022 is filed by the accused for setting aside the order of conviction dated 11.08.2020 passed in C.C. No.303/2019 by the JMFC III Court, Hubballi1, which was confirmed in Criminal Appeal No.75/2020 by the V Additional District and Sessions Judge, Dharwad sitting at Hubballi2 vide the judgment dated 25.10.2021 for the offence punishable under Section 138 of the Negotiable Instruments Act, 18813. 1 For short, ‘the Trial Court’ 2 For short, ‘the First Appellate Court’ 3 For short, ‘N.I. Act’ - 5 - HC-KAR NC: 2026:KHC-D:575 CRL.P No. 102534 of 2021 C/W CRL.RP No. 100089 of 2022 3. The operative portion of the order of conviction passed by the Trial Magistrate is as under: “Acting under Sec.255(2) of Cr.P.C., accused is hereby convicted for the offence punishable under Sec.138 of N.I. Act and sentenced to pay a fine of Rs.35,94,876/- out of that accused shall pay Rs.35,89,876/- to the complainant and Rs.5,000/- to State towards prosecution expenses. On default of payment of fine, the accused shall under go simple imprisonment for 6 months.” 4. The facts in nutshell which are utmost necessary for disposal of the present petitions are as under: 5. In respect of dishonour of a cheque issued by the accused, a private complaint came to be filed under Section 200 of the Code of Criminal Procedure, 1973, which was duly adjudicated and ended in conviction of the accused and ordered to pay compensation in a sum of Rs.35,89,876/- which is the cheque amount. - 6 - HC-KAR NC: 2026:KHC-D:575 CRL.P No. 102534 of 2021 C/W CRL.RP No. 100089 of 2022 6. Out of the fine amount of Rs.35,94,876/-, a sum of Rs.5,000/- was ordered to be paid as defraying expenses of the State. 7. The appeal filed by the accused came to be dismissed by the First Appellate Court. 8. The revision petition filed by the complainant in Criminal Revision Petition No.98/2020 came to be allowed in part vide judgment dated 29.10.2021 by the learned V Additional District and Sessions Judge, Dharwad sitting at Hubballi4 and accused/respondent was ordered to pay fine of Rs.32,60,733/- with 9% interest. 9. The operative portion of the order passed by the Revisional Court reads as under: “The Revision petition filed under Section 397 and 399 of the Cr.P.C., is hereby allowed in part. The sentence of fine imposed by the learned JMFC-III Court at Hubballi in CC No.303/2019, dated 11.08.2020 is hereby modified as follows: The Accused/Respondent shall pay fine of Rs.32,60,733/- with the 9% interest on the fine 4 For short, ‘the Revisional Court’ - 7 - HC-KAR NC: 2026:KHC-D:575 CRL.P No. 102534 of 2021 C/W CRL.RP No. 100089 of 2022 amount from the date of cheque to till its deposit in the court. In default of payment of fine, the accused shall undergo simple imprisonment for the period of 1 years. Out of the deposit of total fine with the interest, Rs.25,000/- ordered to deposit to the State, by acting under Section 357(1) of the Cr.P.C., rest of the amount is ordered to pay as compensation to the complainant.” 10. However, accused did not challenge the order of the Revisional Court. 11. Taking note of the fact that the accused did not challenge the order of the Revisional Court awarding 9% of interest, and considering that the cheque was issued on 26.12.2017, this Court is of the considered opinion that both the petitions namely, the complainant’s petition seeking further enhancement and the accused’s petition challenging the order of conviction are liable to be dismissed. - 8 - HC-KAR NC: 2026:KHC-D:575 CRL.P No. 102534 of 2021 C/W CRL.RP No. 100089 of 2022 12. Accordingly, the following: ORDER (i) Both the Petitions are hereby dismissed. (ii) However, it is open for the accused to seek for concession from the complainant, if recovery proceedings are initiated. Sd/- (V.SRISHANANDA) JUDGE SMM, CT:CMU LIST NO.: 2 SL NO.: 27