[Cites 7, Cited by 0]
Karnataka High Court
Kanumalli Veeranavenkata Subbarao S/O ... vs Sri Gayatri Agro Foods on 20 January, 2026
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2026:KHC-D:575
CRL.P No. 102534 of 2021
C/W CRL.RP No. 100089 of 2022
HC-KAR
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,
Digitally signed by
CHANDRASHEKAR
LAXMAN
TQ. SINDHANOOR, DIST. RAICHUR.
KATTIMANI
Location: High
Court of Karnataka,
Dharwad Bench
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
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CRL.P No. 102534 of 2021
C/W CRL.RP No. 100089 of 2022
HC-KAR
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,
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CRL.P No. 102534 of 2021
C/W CRL.RP No. 100089 of 2022
HC-KAR
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.
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CRL.P No. 102534 of 2021
C/W CRL.RP No. 100089 of 2022
HC-KAR
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.
For short, 'the Trial Court'
For short, 'the First Appellate Court'
For short, 'N.I. Act'
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HC-KAR
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.
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HC-KAR
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
For short, 'the Revisional Court'
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HC-KAR
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.
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HC-KAR
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
