Dismissed¶33

Shri Gangadhar S/O Irayya Hiremath v. Shri Sampat S/O Hanumant Bandivad

Karnataka HC7 Apr 2025CRL.RP/100013/2025

Case brief

AI extract

What is this about?

Section 138 Negotiable Instruments Act conviction confirmed; criminal revision petition dismissed for non-compliance with interim order dated 20.02.2025; concurrent finding of guilt; compensation Rs.3,00,000/- and fine Rs.5,000/-; C.C.No. 81/2023 (Senior Civil Judge & JMFC, Haliyal, 15.02.2024); Crl.A No. 5027/2024 (1st Addl. District & Sessions Court, Karwar sitting at Sirsi, 01.10.2024); I.A.No.3/2025 extension of time refused context; S. 397(1) r/w 401 Cr.P.C.; S. 438 r/w 442 BNSS; Karnataka High Court Dharwad Bench; Justice V. Srishananda; CRL.RP No. 100013 of 2025.

What did the court decide?

None; the prayer to set aside the judgment dated 01.10.2024 in Crl.A No. 5027/2024 and to acquit the petitioner was rejected and the revision petition was dismissed. ¶33

Shri Gangadhar S/O Irayya Hiremath Vs Shri Sampat S/O… — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

None; the prayer to set aside the judgment dated 01.10.2024 in Crl.A No. 5027/2024 and to acquit the petitioner was rejected and the revision petition was dismissed.

¶33

Issue for consideration

Whether the criminal revision petition filed under Section 397(1) r/w 401 Cr.P.C. (Section 438 r/w 442 BNSS) seeking to set aside the judgment dated 01.10.2024 in Crl.A No. 5027/2024 confirming the conviction under Section 138 NI Act and to acquit the petitioner should be allowed.

¶17

Court's answer

Taking note of the accused's failure to comply with the interim order passed on 20.02.2025 and of the concurrent finding on facts that the accused committed an offence punishable under Section 138 of the Negotiable Instruments Act, the Court held the revision petition to be meritless and needing dismissal.

¶32

Ratio / Principle

The revision petition is dismissed.

¶33

Key takeaways

Factual premise of the dismissal: the accused failed to comply with the interim order passed by this Court on 20.02.2025, and no amount was admittedly paid as per the interim order despite I.A.No.3/2025 seeking extension of time.ratio¶27

Detailed headnote1 paragraphs

Oral order (single judge, Justice V. Srishananda), High Court of Karnataka, Dharwad Bench, 07.04.2025: Criminal Revision Petition CRL.RP No. 100013 of 2025, filed under S. 397(1) r/w 401 Cr.P.C. (under S. 438 r/w 442 BNSS) by the accused convicted under S. 138 NI Act, DISMISSED. The conviction in C.C.No. 81/2023 dated 15.02.2024 (Senior Civil Judge and JMFC Court, Haliyal) - compensation of Rs.3,00,000/- and fine of Rs.5,000/- towards defraying expenses of the State - had been confirmed in Crl.A No. 5027/2024 dated 01.10.2024 by the 1st Addl. District and Sessions Court, Karwar (sitting at Sirsi). Dismissal rested on (i) the accused's failure to comply with the interim order passed by the High Court on 20.02.2025, no amount having been admittedly paid despite I.A.No.3/2025 seeking extension of time, and (ii) the concurrent finding on facts of guilt under S. 138 of the Negotiable Instruments Act.

¶1

¶2

NC: 2025:KHC-D:6124 CRL.RP No. 100013 of 2025

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 7^TH DAY OF APRIL, 2025

¶5

BEFORE

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THE HON'BLE MR. JUSTICE V.SRISHANANDA

¶7

CRIMINAL REVISION PETITION NO.100013 OF 2025 (397(CR.PC)/438(BNSS))

¶8

BETWEEN:

¶9

SHRI GANGADHAR S/O. IRAYYA HIREMATH, AGE: 28 YEARS, OCC. SOFTWARE ENGINEER, R/O. JAYASHRI SADANA, TERGAON, TQ. HALIYAL, DIST. UTTARA KANNADA-581329.

¶10

…PETITIONER

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(BY SRI. ANAND BAGEWADI, ADVOCATE FOR SRI. H.N. GULARADDI, ADVOCATE)

¶12

AND:

¶13

SHRI SAMPAT S/O. HANUMANT BANDIVAD, AGE: 27 YEARS, OCC. PRIVATE EMPLOYEE, R/O. SIDDRAMESHWAR GALLI, HALIYAL, TQ. HALIYAL, DIST. UTTARA KANNADA-581329.

¶14

Digitally signed by MALLIKARJUNRUDRAYYA MALLIKARJUNRUDRAYYAKALMATH KALMATH Date: 2025.04.09 11:33:30 +0530

¶15

(BY SRI M.B. PUJARI, ADVOCATE)

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…RESPONDENT

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397(1) R/W. 401 OF CR.P.C. (UNDER SECTION 438 R/W. 442 OF BNSS) SEEKING TO SET ASIDE THE JUDGMENT DATED 01.10.2024 IN CRL.A NO. 5027/2024 PASSED BY 1^ST ADDL. DISTRICT AND SESSIONS COURT, KARWAR, (SITTING AT SIRSI) AT SIRSI, UTTAR-KANNADA CONFIRMING THE ORDER PASSED BY THE SENIOR CIVIL JUDGE AND JMFC COURT, HALIYAL IN C.C.NO. 81/2023 DATED 15.02.2024 AND ACQUIT HIM FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NI ACT

¶18

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

¶19

¶20

NC: 2025:KHC-D:6124 CRL.RP No. 100013 of 2025

¶21

ORAL ORDER

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

¶23

Heard Sri.Anand Bagewadi, learned counsel

¶24

appearing on behalf of Sri.H.N.Gularaddi, learned counsel for the revision petitioner and Sri.M.B.Pujari, learned counsel for the respondent.

¶25

Revision petitioner is the accused who has suffered an order of conviction in CC No.81/2023 for the offence punishable under Section 138 of the Negotiable Instruments Act and ordered to pay compensation in a

¶26

sum of Rs.3,00,000/- and fine amount in a sum of Rs.5,000/- towards defraying expenses of the State which was confirmed in Crl.A.No.5027/2024.

¶27

At the outset, accused failed to comply the interim order passed by this Court on 20.02.2025.

¶28

I.A.No.3/2025 is filed seeking extension of time. No amount is admittedly paid as per the interim order by the revision petitioner.

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¶30

NC: 2025:KHC-D:6124 CRL.RP No. 100013 of 2025

¶31

Taking note of the fact that accused failed to

¶32

comply the interim order and also taking note of the fact that there is a concurrent finding on facts that accused has committed an offence punishable under Section 138 of the Negotiable Instruments Act, this Court is of the considered opinion that revision petition is meritless and needs to be dismissed.

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Accordingly, revision petition is dismissed .

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SD/(V.SRISHANANDA) JUDGE

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KAV CT:PA LIST NO.: 2 SL NO.: 37

Shri Gangadhar S/O Irayya Hiremath v. Shri Sampat S/O Hanumant Bandivad

Case brief

What is this about?

What did the court decide?

Shri Gangadhar S/O Irayya Hiremath v. Shri Sampat S/O Hanumant Bandivad

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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