[Cites 3, Cited by 0]
Karnataka High Court
Mohammad Musasab Ad. Sayeed Hubli vs Mr Hyderkhan S Pathan on 31 January, 2026
Author: V.Srishananda
Bench: V.Srishananda
-1-
NC: 2026:KHC-D:1300
CRL.RP No. 100078 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 31ST DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL REVISION PETITION NO. 100078 OF 2022
(397(CR.PC)/438(BNSS))
BETWEEN:
MOHAMMAD MUSASAB AD. SAYEED HUDLI
AGE. 46 YEARS, OCC. BUSINESS,
R/O. M.S. BATTERIES AND REFINERY,
NEAR DR, KUTUBUDDIN, MAKANDAR CAMP,
BELAGAVI - 590001.
...PETITIONER
(BY SRI. MAHANTESH S. HIREMATH, ADVOCATE)
AND:
MR. HYDERKHAN S. PATHAN,
AGE. 48 YEARS, OCC. BUSINESS,
R/O. PLOT NO. 68, MAHATMA PHULE ROAD,
BELAGAVI- 590003.
...RESPONDENT
(NOTICE SERVED RESPONDENT)
THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION
CHANDRASHEKAR
LAXMAN
KATTIMANI
397 R/W 401 OF CR.P.C., PRAYING TO CALL FOR RECORDS AND
ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGMENT
PASSED IN CRIMINAL APPEAL NO.427/2019 DATED ON 29.01.2022
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
PASSED BY THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE,
Date: 2026.02.03
15:09:48 +0530
BELAGAVI AND ALSO THE JUDGMENT AND ORDER PASSED IN CC
NO.483/2018 DATED 11.10.2019 PASSED BY THE VII-JMFC,
BELAGAVI, FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT, AND
ALLOW THE REVISION PETITION.
THIS CRIMINAL PETITION COMING ON FOR FINAL HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
-2-
NC: 2026:KHC-D:1300
CRL.RP No. 100078 of 2022
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Heard Sri.Mahantesh S. Hiremath, learned
counsel for the petitioner.
2. The accused, who was convicted in CC
No.483/2018, confirmed in Crl.A. No. 427/2019 for the
offence punishable under Section 138 of the Negotiable
Instruments Act (for short, "the N.I. Act"), was ordered to
pay a fine of Rs.2,00,000/-, of which Rs.1,98,000 was
directed to be paid as compensation to the complainant in
respect of the dishonoured cheque, and the balance amount
of Rs.2,000/- towards defraying the expenses of the State.
The revision petitioner challenges the said order.
3. The complainant initiated criminal proceedings
under Section 138 of the N.I. Act in respect of the
dishonoured cheque issued by the accused. On due
consideration of material on record, the trial court convicted
the accused, noting that there was no defence evidence and
NC: 2026:KHC-D:1300
HC-KAR
that the complainant enjoyed the presumption under
Section 139 of the N.I. Act. The cheque belonged to the
accused, the signature thereon was admitted to be his, and
there was no response to the legal notice.
4. The conviction was challenged before the first
appellate court in Crl.A. No.427/2019. The learned appellate
judge, after perusing the record and hearing the parties,
dismissed the appeal by judgment dated 29.01.2022.
5. Being further aggrieved, the accused has
approached this Court.
6. Sri Mahantesh S. Hiremath, learned counsel for
the revision petitioner, reiterates that both courts failed to
properly appreciate the material evidence, resulting in a
miscarriage of justice, and seeks to allow the revision
petition.
7. The Court has perused the material on record
meticulously. In the absence of any defence evidence and
no reply to the legal notice, the complainant having
discharged the initial burden, the trial magistrate rightly
NC: 2026:KHC-D:1300
HC-KAR
invoked the presumption under Section 139 of the N.I. Act
and recorded the order of conviction, which requires no
interference.
8. However, the sum of Rs.2,000/- imposed by the
trial Magistrate towards defraying the expenses of the State
cannot be sustained in law.
9. In view of the fact that the lis is privy to the
parties, the following order is passed:
ORDER
i. The revision petition is allowed in part.
ii. The conviction of the accused for the offence
punishable under Section 138 of the N.I. Act is
maintained.
iii. The fine of Rs.2,00,000/- imposed by the trial
magistrate and confirmed by the first appellate
court is modified. The fine is reduced to
Rs.1,98,000/-.
NC: 2026:KHC-D:1300
HC-KAR
iv. The sum of Rs.2,000/- imposed towards defraying
the expenses of the State is set aside.
v. The balance fine amount shall be paid by the
accused on or before 20.02.2026.
vi. The amount in deposit is directed to be withdrawn
by the complainant under due identification.
vii. The office is directed to return the trial court
records along with a copy of this order, and
necessary action be taken for the issue of a
modified conviction warrant.
Ordered accordingly.
Sd/-
(V.SRISHANANDA)
JUDGE
AC CT:CMU
LIST NO.: 1 SL NO.: 40
