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Karnataka High Court

M/S Kastakar Krishi Seva Kendra vs Savio Bio Organic And Fertilizer ... on 18 February, 2026

Author: V.Srishananda

Bench: V.Srishananda

                                                   -1-
                                                               NC: 2026:KHC-D:2471
                                                         CRL.RP No. 100425 of 2023


                      HC-KAR



                       IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

                         DATED THIS THE 18TH DAY OF FEBRUARY, 2026

                                            BEFORE

                          THE HON'BLE MR. JUSTICE V.SRISHANANDA

                      CRIMINAL REVISION PETITION NO. 100425 OF 2023
                                   (397(CR.PC)/438(BNSS))

                      BETWEEN:

                      M/S KASTAKAR KRISHI SEVA KENDRA
                      BY ITS PRO. JITENDRA BOHARE
                      AGE. 48 YEARS, OCC. BUSINESS,
                      R/O. AMAGOAN, TQ.DIST. GONDIYA
                      MAHARASHTRA STATE.
                                                                        ...PETITIONER
                      (BY SRI. VISHWANATH BADIGER, ADVOCATE)

                      AND:

                      SAVIO BIO ORGANIC AND FERTILIZER PRIVATE LTD.,
                      HAVNG OFFICE AT 5, AMAR EMPIRE, GOAVES, BELAGAVI,
                      R/BY ITS AUTHORISED MARKETING CO-COORDINATOR
                      PRASHANT SADASHIV KALGHAN
CHANDRASHEKAR         AGE. 28 YEARS, OCC. SERVICE,
LAXMAN
KATTIMANI             R/O. RAGHUNATH PETH, ANAGOL,
                      BELAGAVI,DIST. BELAGAVI-590001.
                                                                     ...RESPONDENT
Digitally signed by
                      (BY SRI. SAJID GOODWALA, ADVOCATE FOR SRI. JAGADISH PATIL)
CHANDRASHEKAR
LAXMAN
KATTIMANI                   THIS CRIMINAL REVISION PETITION FILED U/S 397(1) & 401 OF
Date: 2026.02.20      CR.PC., SEEKING TO SET ASIDE THE IMPUGNED JUDGMENT DATED
16:00:23 +0530
                      01.08.2023 PASSED BY THE XI ADDL DIST AND SESSIONS JUDGE,
                      BELAGAVI IN CRIMINAL APPEAL NO. 133/2023 AND JUDGMENT OF
                      CONVICTION DATED 11.4.2023 PASSED BY JMFC -V BELAGAVI IN CC
                      NO. 1701/2019 FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I.ACT
                      BY ALLOWING THIS CRIMINAL REVISION PETITION, IN THE INTEREST
                      OF JUSTICE.

                           THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
                      WAS MADE THEREIN AS UNDER:
                                              -2-
                                                         NC: 2026:KHC-D:2471
                                                   CRL.RP No. 100425 of 2023


    HC-KAR



                                ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

1. Heard Sri. Vishwanath Badiger, learned counsel

for the petitioner and the learned counsel Sri. Sajid

Goodwala appearing on behalf of Sri. Jagadish Patil, learned

counsel the respondent.

2. The accused is the revision petitioner who has

suffered an order of conviction dated 11.04.2023 passed in

C.C.No.1701/2019 by the learned JMFC-V, Belagavi1, which

is confirmed in Criminal Appeal No.133/2023 by the XI

Additional Sessions Judge, Belagavi2, vide its judgment

dated 01.08.2023.

3. Facts in nutshell which are utmost necessary for

disposal of the present revision petition are as under:

4. A private complaint came to be filed under

Section 200 of Code of Criminal Procedure, 1973, alleging

For short, 'the Trial Court'

For short, 'the First Appellate Court'

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the commission of offence punishable under Section 138 if

the Negotiable Instruments Act, 18813.

5. Complaint averments would reveal that the

complainant was doing the business of fertilizers and

chemicals under the name and style of 'Savio Bio Organic

and Fertilizer Private Ltd.'.

6. Accused is running a business in the name and

style 'M/s. Kastakar Krishi Seva Kendra' and used to

purchase fertilizer and chemicals on credit basis.

7. Towards the repayment of the price of fertilizers

and chemicals purchased by the complainant, the accused

issued a cheque bearing No.551121 drawn on State Bank of

India, Amagaon Branch, in a sum of Rs.1,64,374/-, which

represented the amount of goods and the interest.

8. The said cheque on presentation came to be

dishonored with an endorsement 'Exceeds Arrangement'

and there was no compliance to the callings of statutory

notice. As such, complainant sought for action.

For short, 'N.I. Act'

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9. The learned Trial Magistrate after taking note of

the principles of law enunciated in Indian Bank

Association and Others Vs. Union of India and

Another4, completed the necessary formalities, recorded

the evidence of the complainant and relied on the

documentary evidence which were placed on record marked

at Ex.P.1 to P.22, noted that there was no rebuttal evidence

nor an application under Section 145 of the N.I. Act came to

be filed, convicted the accused and sentenced him to pay

fine of Rs.2,05,000/-. Out of which a sum of Rs.2,00,000/-

was ordered to be paid as compensation to the complainant

and balance sum of Rs.5,000/- towards the defraying

expenses of the State.

10. Being aggrieved by the same, accused filed an

appeal before the First Appellate Court in Criminal Appeal

No.133/2023.

11. The learned Judge in the First Appellate Court

after securing the records, heard the arguments of the

AIR 2014 SC 2528

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parties and dismissed the appeal by impugned judgment

dated 01.01.2023. Thereafter, the accused is before this

Court in this revision petition.

12. Learned counsel for the petitioner reiterating the

grounds urged in the petition vehemently contend that

there is a part payment made and without taking into

consideration, conviction of the accused has resulted in

miscarriage of justice and sought for allowing the revision

petition.

13. He would further contend that Articles of

Association of the respondent's company has been marked

as Ex.D.1 and probative value of the same has taken note

of by the learned Trial Magistrate and the learned Judge in

the First Appellant Court, mechanically upheld the orders

passed by the learned Trial Magistrate resulting in

miscarriage of justice and sought for allowing the petition.

14. Per contra, learned counsel for the respondent

support the impugned orders.

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15. Having heard the arguments of both sides, this

Court perused the material on record meticulously.

16. On such perusal of the material on record, it is

noticed that, admittedly, the cheque marked at Ex.P.1 and

signature found therein is that of the accused.

17. Statutory notice issued to the complainant duly

though served on the complainant, there were no

compliance nor reply.

18. Taking note of these aspects of the matter and

other material documents namely statement of account of

the accused with the complainant, dealership application

and agreement, confirmation of accounts, the complainant

has discharged his initial burden in proving the offence and

for raising the presumption under Section 139 of N.I. Act.

19. No doubt it is a rebuttable presumption. But, to

rebut the said presumption available to the complainant,

there is no defense evidence except marking Ex.D.1 which

did not advance the case of the accused to any extent.

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20. Taking note of these aspects of the matter,

conviction order cannot be interfered with that too in the

Revisional Jurisdiction.

21. Having said so, a sum of Rs.5,000/- is imposed

towards the defraying expenses of the State which is

impermissible having regard to the fact that lis is privy to

the parties and no State machinery is involved.

22. Accordingly, the following:

ORDER

(i) The 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, fine amount of

Rs.2,05,000/- is reduced to

Rs.2,00,000/-.