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2026 DAILYLAW 5633 (KAR)

SHRI SHRINIVAS S/O. MADHUKAR SARAPURE v. SHRI UMESHSINGH S/O. UDAYSINGH RAJPUT,

CRL.RP/100009/2024 · 2026-02-13

V Srishananda

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC-D:2281 CRL.RP No. 100009 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100009 OF 2024 (397(CR.PC)/438(BNSS)) BETWEEN: SHRI SHRINIVAS S/O. MADHUKAR SARAPURE AGED 42 YEARS, OCC. BUSINESS, R/O. NEHRU CHOWK, DALAL PETH, NIPANI, TQ. CHIKODI, DIST. BELAGAVI-591237. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: SHRI UMESHSINGH S/O. UDAYSINGH RAJPUT, AGED 46 YEARS, OCC. AGRICULTURE / CONTRACTOR, R/O. MAHAVEER NAGAR, CHIKODI, TQ. CHIKODI, DIST. BELAGAVI-591201, BELAGAVI-590001. …RESPONDENT (BY SRI. SHARAD V. MAGADUM, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W 401 OF CR.P.C. SEEKING TO SET ASIDE THE IMPUGNED ORDER DATED 01.12.2023 PASSED BY THE VII ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI SITTING AT CHIKODI IN CRL.A APPEAL NO. 5029/2022 THEREBY CONFIRMING THE ORDER OF CONVICTION PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, CHIKODI IN CC NO. 1195/2019 DATED 29.06.2022 FOR THE OFFENCE P/U/SEC. 138 OF NI ACT., IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.17 16:59:27 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2281 CRL.RP No. 100009 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Memo filed. Memo reads as under: “The counsel for the Petitioner most humbly submits as hereunder: 1. That the Petitioner has approached this Hon'ble Court being aggrieved by the order convection dated 01/12/2023 passed in Criminal Appeal No.5029/2022 on the file of the VII Additional District and Sessions Judge, Belagavi, Sitting at Chikkodi, thereby confirming the order of conviction dated 29/06/2022 passed in C.C. No.1195/2019 on the file of the Principal Civil Judge and JMFC, Chikkodi for the offence punishable under section 138 of NI Act. 2. That the Respondent/complainant has alleged dishonor of cheque by the Petitioner for a sum of Rs.10,00,000/-. However, this Hon'ble Court vide order dated 12/01/2024 was pleased to suspend the sentence subject to the condition that petitioner deposits 50% of the fine amount before the Trial Court inclusive of amount deposited. Pursuant thereto the Petitioner till date has paid a sum of Rs.5,00,000/- pursuant to the orders passed by this Hon'ble Court and the Learned District Court which has also been withdrawn by the Respondent. Hence the Petitioner under takes to pay the balance amount of Rs.5,00,000/- in three instalments before this Hon'ble Court as hereunder; - 3 - HC-KAR NC: 2026:KHC-D:2281 CRL.RP No. 100009 of 2024 i. The Petitioner will pay sum of Rs.1,50,000/- by way of Demand Draft on 28/2/2026. ii. The Petitioner will pay sum of Rs.1,50,000/- by way of Demand Draft on or before 28/03/2026. And iii. The Petitioner will pay sum of Rs.2,00,000/- by way of Demand Draft on or before 28/04/2026. Wherefore, this Hon'ble Court may be pleased to take this memo on record and dispose of the top noted petition. Hence this memo.” 2. Learned counsel for respondent has endorsed ‘no objection’ on the memo. 3. Hence, placing the memo on record, following: ORDER i. Petition stands disposed of. ii. It is made clear that if any instalment as per the memo is not paid, concession stands withdrawn and the entire fine amount is payable at once. - 4 - HC-KAR NC: 2026:KHC-D:2281 CRL.RP No. 100009 of 2024 iii. Amount in deposit is ordered to be withdrawn by the complainant under due identification. Sd/- (V.SRISHANANDA) JUDGE CLK CT-CMU LIST NO.: 1 SL NO.: 22