Karnataka High Court
Kumari Shobha G vs Shri Veeranagouda S/O ... on 21 February, 2026
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2026:KHC-D:2791
CRL.RP No. 100303 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 21ST DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL REVISION PETITION No.100303 OF 2024
(397(CR.PC)/438(BNSS))
BETWEEN:
KUMARI SHOBHA G.
D/O. GANAPATI GOUDA,
AGE. 40 YEARS, OCC. PRIVATE EMPLOYEE,
R/O. GADIHALLI- BANAVASI, TALUKA. SIRSI,
DIST. UTTAR KANNADA-581318.
...PETITIONER
(BY SRI. SANJAY S. KATAGERI, ADVOCATE)
AND:
SHRI VEERANAGOUDA S/O MALLIKARJUNAGOUDA PATIL
AGE. 50 YEARS, OCC. AGRICULTURE,
R/O. BALEHALLI, TALUK HANGAL,
DIST. HAVERI-581104.
CHANDRASHEKAR
...RESPONDENT
LAXMAN
KATTIMANI (BY SRI. ABHISHEK G. HOSAKERI, ADVOCATE FOR SRI. I.K. KABBUR,
ADVOCATE)
Digitally signed by
CHANDRASHEKAR
THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W
LAXMAN
KATTIMANI 401 OF CR.P.C. SEEKING TO SET ASIDE THE IMPUGNED JUDGMENT
Date: 2026.02.24
11:36:24 +0530 AND ORDER DATED 01.07.2024 PASSED IN CRIMINAL APPEAL No.
75/2024 BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-
I, HAVERI AND THE JUDGMENT OF CONVICTION AND ORDER OF
SENTENCE DATED 08.04.2024 PASSED IN CRIMINAL CASE No. 79/
2023 (P.C.NO. 20/2023) BY THE ADDITIONAL SENIOR CIVIL JUDGE
AND JMFC, HANGAL, WHEREIN THE REVISION PETITIONER IS
CONVICTED AND SENTENCED UNDER 138 OF NI ACT, 1881, BY
ALLOWING THIS CRIMINAL REVISION PETITION, WITH COSTS AND
CONSEQUENTLY DISMISSED THE SAID CRIMINAL CASE No.79/2023,
IN THE INTEREST OF JUSTICE.
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NC: 2026:KHC-D:2791
CRL.RP No. 100303 of 2024
HC-KAR
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Sanjay S. Katageri, learned counsel for the revision petitioner and Sri Abhishek G. Hosakeri, advocate for Sri Iranagouda K.Kabbur, learned counsel for the respondent.
2. Revision Petitioner is the accused who suffered an order of conviction in C.C.No.79/2023 dated 08.04.2024 on the file of the Additional Senior Civil Judge and JMFC, Hangal, for the offence punishable under Section 138 of the Negotiable Instruments Act, confirmed in Crl.A.No.75/2024 dated 01.07.2024 by the Additional District and Sessions Judge, FTSC-I, Haveri.
3. Facts of the case in brief which are utmost necessary for disposal of the present revision petition are as under:
A complaint came to be lodged under Section 200 of the Code of Criminal Procedure alleging commission of an offence punishable under Section 138 of the Negotiable Instruments Act, by contending that the accused is acquainted with the -3- NC: 2026:KHC-D:2791 CRL.RP No. 100303 of 2024 HC-KAR complainant and in the said acquaintance, he has borrowed hand loan in a sum of Rs.2,00,000/- and towards repayment of same, he had issued a cheque bearing No.000003 dated 21.09.2022 drawn on Laxmi Vilas Bank, Sirsi Branch, which on presentation came to be dishonoured with an endorsement 'funds insufficient.'
4. There was no compliance to the callings of the statutory notice and therefore, complainant has sought for action.
5. Learned Trial Judge 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 others reported in (2014)5 SCC 590 convicted the accused and sentenced him to pay fine in a sum of Rs.2,10,000/- of which Rs.2,00,000/- was ordered to be paid as compensation to the complainant and balance sum of Rs.10,000/- towards defraying expenses of the State.
6. Being aggrieved by the same, an appeal came to be filed before the First Appellate Court.
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NC: 2026:KHC-D:2791 CRL.RP No. 100303 of 2024 HC-KAR
7. Learned Judge in the First Appellate Court after securing the records, heard the arguments of the parties on merits and dismissed the appeal by the judgment dated 01.07.2024.
8. Being further aggrieved by the same, revision petitioner is before this Court in the present Revision Petition.
9. Sri Sanjay S. Katageri, learned counsel for the revision petitioner, reiterating the grounds urged in the petition, vehemently contended that both the Courts have not properly appreciated the material evidence on record and ignored the oral testimony of the accused who has been examined as D.W.1 and wrongly convicted the accused. Therefore, sought for allowing the revision petition.
10. Per contra, learned counsel for the respondent supports the impugned judgment.
11. Having heard both sides, this Court perused the material on record, meticulously.
12. On such perusal of the material on record, it is crystal clear that the cheque in question belongs to the accused and signature -5- NC: 2026:KHC-D:2791 CRL.RP No. 100303 of 2024 HC-KAR found therein is that of the accused. There is no compliance to the callings of statutory notice.
13. Initial burden has been discharged by the complainant as presumption is available under Section 139 of the N.I.Act.
14. In order to rebut the presumption, except the oral testimony of the accused, there is no other material placed on record.
15. Under such circumstances, learned Trial Judge was justified in convicting the accused and learned Judge in the First Appellate Court has rightly re-appreciated the same and dismissed the appeal.
16. Taking note of the above, the order of conviction and sentence cannot be interfered with, that too, in revisional jurisdiction.
17. Having said so, imposition of Rs.10,000/- towards defraying expenses of the State would not arise, as the lis is privy to the parties and no State machinery is involved.
18. Accordingly, the following:
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NC: 2026:KHC-D:2791 CRL.RP No. 100303 of 2024 HC-KAR ORDER i. Revision Petition is allowed in part. ii. While maintaining the conviction of the revision petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, fine amount of Rs.2,10,000/- is reduced to Rs.2,00,000/-. iii. Entire amount of Rs.2,00,000/- is ordered to be paid as compensation to the complainant under due identification.
iv. Sum of Rs.10,000/- imposed by the Trial Court confirmed by the First Appellate Court towards defraying expenses of the State is hereby set aside.
v. Amount in deposit, if any, is ordered to be withdrawn by the complainant under due identification.-7-
NC: 2026:KHC-D:2791 CRL.RP No. 100303 of 2024 HC-KAR vi. Balance amount to be paid by the revision petitioner on or before 16th March, 2026. Office is directed to return the Trial Court Records along with the copy of this order forthwith, for issue of modified conviction warrant.
Sd/-
(V.SRISHANANDA) JUDGE kcm CT-CMU LIST NO.: 1 SL NO.: 32