IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 120 OF 2026 BETWEEN: S SRIDHAR, S/O SAMPATH, AGED ABOUT 54 YEARS, PLOT NO.356, PELICAN, BELFORT, PINNACHIKUPPAM, PILLAIARKUPPAM, PUDUCHERRY - 607 402.

AND ALSO R/O NO.72, G-2, 1ST FLOOR, 4TH CROSS, 1ST STAGE, 1ST BLOCK, OPP RAMA TEMPLE, HBR LAYOUT, BENGALURU - 560 043.

…PETITIONER (BY SRI.MANJUNATH N, ADVOCATE FOR Digitally SRI.SYED KHALEEL PASHA, ADVOCATE)

signed by KAVYA R AND:

Location: M GOUTHAM CHAND, High court PROP M/S GOUTHAM JEWELERS, of NO.241/1, RANGASWAMY TEMPLE STREET, Karnataka BENGALURU - 560 053.

…RESPONDENT THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT OF CONVICTION AND THE ORDER OF SENTENCE DATED 08.03.2021 PASSED BY THE COURT OF IV ADDL.A.C.M.M SMALL CAUSES COURT AT BENGALURU IN C.C.NO.7948/2016 WHICH IS CONFIRMED BY THE HONBLE LVIII ADDL.CITY CIVIL AND SESSION JUDGE AT BENGALURU.

THIS PETITION, COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused is before this Court in this Criminal revision petition filed under Sections 397 read with Section 401 of Cr.PC with a prayer to set aside the judgment and order passed in Crl.A.No.342/2021 by the Court of LVIII Additional City Civil and Sessions Judge, Bengaluru City.

2. Heard the learned counsel for the petitioner.

3. Respondent herein had initiated proceedings against the petitioner for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'N.I.Act') in C.C.No.7948/2016 before the Jurisdictional Court of Magistrate. It is the case of the respondent that petitioner had borrowed a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) from the respondent and towards part payment of the said amount the petitioner had issued the cheque-in-question totally for a sum of Rs.6,00,000/-. Since the cheque-in-question were dishonoured by the drawee bank, the respondent had initiated proceedings against the petitioner for offence punishalbe under Section 138 of the N.I.Act. The Trial Court had convicted the petitioner in C.C.No.7948/2016 for offence perishable under Section 138 of N.I.Act and sentenced him to pay fine of Rs.6,00,000/- (Rupees Six Lakhs) and in default to undergo simple imprisonment for a period of six months. Aggrieved by the same complainant had filed Crl.A.No.342/2021 before the Court of LVIII Additional City Civil and Sessions Judge, Bengaluru City, which was partly allowed and the fine imposed by the Trial Court was enhanced from Rs.6,00,000/- (Rupees Six Lakhs only) to Rs.7,00,000/- (Rupees Seven Lakhs only). Assailing the judgment and order passed in Crl.A.No.342/2021 passed by the Court of LVIII Additional City Civil and Sessions Judge, Bengaluru City, dated 08.04.2025, the petitioner is before this Court.

4. Learned counsel for the petitioner submits that the fine amount of Rs.6,00,000/- (Rupees Six Lakhs only) as ordered by the Trial Court has already been deposited by the petitioner and he is now required to deposit only the balance fine amount of Rs.1,00,000/- (Rupees One Lakh only). Since the petitioner is facing financial problem, reasonable time may be granted to the petitioner to deposit the balance fine amount of Rs.1,00,000/- (Rupees One Lakh only) before the Trial Court as ordered by the Appellate Court in Crl.A.No.342/2021.

5. The amount covered under the cheque-in-question is Rs.6,00,000/- (Rupees Six Lakhs only). The Trial Court having convicted the petitioner for offence punishable under Section 138 of the N.I.Act had sentenced him to pay a sum of Rs.6,00,000/- (Rupees Six Lakhs only) and therefore the Appellate Court was fully justified in enhancing the fine amount from Rs.6,00,000/- (Rupees Six Lakhs only) to Rs.7,00,000/- (Rupees Seven Lakhs only