IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CRIMINAL REVISION PETITION NO.100177 OF 2025 (397 OF Cr.PC/438 BNSS)

BETWEEN:

NAGARAJ S/O. NAGAREDDY ENNAPOSALU, AGED ABOUT 60 YEARS, OCC: MECHANIC, R/AT: #368/66C, 4^TH MAIN CROSS, GADAG ROAD, RAMNAGAR, HUBBALLI, PINCODE-580020.

…PETITIONER (BY SRI SACHIN C. ANGADI, ADVOCATE)

AND:

PETER PINTO S/O. RAYMOND PINTO, AGE: 61 YEARS, OCC: PRIVATE SERVICE, R/O. H.NO.159, GAVISIDDESHWAR COLONY, GOPANAKOPPA, HUBBALLI, PINCODE-580020.

…RESPONDENT (BY SRI ROHIT L. SHEELVANT, ADVOCATE)

Digitally signed THIS CRIMINAL REVISION PETITION IS FILED U/S.438 R/W.442 by MALLIKARJUN OF BNSS, 2023, PRAYING TO ALLOW THIS PETITION AND SET ASIDE RUDRAYYA KALMATH THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED Location: High C Ka o r u n r a t t o a f ka, 24/03/2025 PASSED IN CRIMINAL APPEAL NO.5027/2023 BY THE 5^TH Dharwad Bench ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, THEREBY DISMISSING THE APPEAL FILED BY THE REVISION PETITIONER AND CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 01/04/2023 PASSED BY THE HON'BLE JMFC-2 COURT, HUBBALLI, IN CC.NO.2049/2017, CONVICTING THE REVISION PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT AND SENTENCING HIM TO PAY A FINE OF RS.6,25,000/-, WITH A DEFAULT SENTENCE OF 3 MONTHS OF SIMPLE IMPRISONMENT. CONSEQUENTLY, BE PLEASED TO ACQUIT THE REVISION PETITIONER/ACCUSED OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT IN THE INTEREST OF JUSTICE.

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

CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL ORDER

This criminal revision petition is filed praying to set aside the judgment of conviction and order of sentence passed by the Court of learned Magistrate and by the Sessions Court.

2. The prayer made in the petition reads as follows:

“PRAYER A. WHEREFORE, the revision petitioner/Accused most humbly prays that this Hon’ble Court be pleased to allow this petition and set aside the judgment and order of conviction and sentence dated 24/03/2025 passed in criminal appeal no.5027/2023 by the 5^th Additional District And Sessions Judge, Dharwad, Sitting At Hubballi, thereby dismissing the appeal filed by the revision petitioner and confirming the judgment and order of conviction and sentence dated 01/04/2023 passed by the Hon’ble JMFC-2 court, Hubballi, in CC. No.2049/2017, convicting the revision petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act and sentencing him to pay a fine of Rs.6,25,000/-, with a default sentence of 3 months of simple imprisonment. Consequently, be pleased to acquit the revision petitioner/Accused offence punishable under section 138 of NI Act in the interest of justice.

B. Grant such other relief as deemed fit in the circumstances of the case and in the interest of justice.

3. The revision petitioner/accused and the respondent/complainant are present before the Court.

4. The offence alleged in the present case is under Section 138 of the Negotiable Instruments Act, 1881, Hereinafter referred to as the ‘N.I. Act’

5. Both the complainant and the accused are present and have filed a joint memo duly signed by them. The learned counsels for both the complainant and the accused have also affixed their respective signatures on the said memo.

6. The offence under Section 138 of the N.I. Act is predominantly private in nature. If the offence is compounded, it does not seriously affect the society.

7. The Hon’ble Supreme Court in the case of Ramgopal and Another vs. The State of Madhya

Pradesh, 2021 SCC Online SC 834, in paragraph Nos.10, 11, 12 and 13 has held as under:

“10. The compendium of these broad fundamentals structured in more than one judicial precedent, has been recapitulated by another 3-Judge Bench of this Court in State of Madhya Pradesh vs. Laxmi Narayan &

Ors., (2019)