S. Vijaya Kumar S/O Narasimhulu Vs B. Veranna S/O. Late… — Cheque Dishonour | Karnataka HC (2025)

S. Vijaya Kumar S/O Narasimhulu Vs B. Veranna S/O. Late… — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Revision petition disposed of on the petitioner's memo: balance cheque amount of Rs.2,00,000/- to be paid in instalments deposited before the Addl. Civil Judge & JMFC, Hosapete in C.C.No.1221/2016 (monthly instalments of Rs.25,000/- beginning on or before 10-04-2025, with a final larger instalment on or before 10-12-2025); complainant permitted to withdraw the amount in deposit under due identification; on default of any single instalment, the Trial Magistrate's order confirmed by the First Appellate Court stands automatically restored; after payment of the entire compensation on 10.12.2025 the fine of Rs.10,000/- stands set aside; Office to return trial court records for issuing modified conviction order.

Issue for consideration

Whether the judgments of the Trial Magistrate dated 03.05.2019 (C.C.No.1221/2016, Additional Civil Judge and JMFC, Hosapete) and of the first appellate court dated 20.09.2021 (Criminal Appeal No.5029/2019, III Addl. District and Sessions Judge, Ballari sitting at Hosapete), convicting the petitioner for the offence punishable under Section 138 N.I. Act, ought to be set aside and the respondent-complainant's complaint dismissed. +1 more

Ratio / Principle

The memo filed by the revision petitioner stating payment of the balance cheque amount in instalments is placed on record and, on that basis, the revision petition is disposed of; the merits of the conviction challenge were not adjudicated.

Key takeaways

The amount lying in deposit is permitted to be withdrawn by the complainant under due identification.ratio¶45
If the agreed compensation per the memo is not paid and the revision petitioner defaults on even one instalment, the order of the Trial Magistrate confirmed by the First Appellate Court is automatically restored.ratio¶46
Upon payment of the entire compensation amount on 10.12.2025, the fine amount of Rs.10,000/- stands set aside.ratio

Detailed headnote1 paragraphs

Criminal Revision Petition (S.397 r/w S.401 Cr.P.C.; classified 438(BNSS)) by the convicted accused against his conviction under S.138 N.I. Act — trial court judgment dated 03.05.2019 in C.C.No.1221/2016 (Additional Civil Judge & JMFC, Hosapete), confirmed by judgment dated 20.09.2021 in Criminal Appeal No.5029/2019 (III Addl. District & Sessions Judge, Ballari, sitting at Hosapete). Held (V. SRISHANANDA, J., 17-03-2025), disposing of the revision petition WITHOUT adjudicating its merits, on the petitioner's memo: balance cheque amount of Rs.2,00,000/- (cheque amount Rs.5,00,000/-, of which Rs.3,05,000/- already deposited) to be paid by way of instalments deposited before the trial court — Rs.25,000/- on or before the 10th of each month commencing 10-04-2025, with a final instalment on or before 10-12-2025; amount in deposit withdrawable by the complainant under due identification; default of ANY ONE instalment to result in AUTOMATIC RESTORATION of the Trial Magistrate's order confirmed by the First Appellate Court; upon payment of the entire compensation on 10.12.2025, the fine of Rs.10,000/- stands set aside; Office directed to return trial court records for issuance of a modified conviction order. No precedent was cited or considered.

1 -

NC: 2021:KHC-D:12886 CRL.RP No. 100340 of 2021

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 17^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR. JUSTICE V.SRISHANANDA

CRIMINAL REVISION PETITION NO.100340 OF 2021 (397(CR.PC)/438(BNSS))

BETWEEN:

S. VIJAYA KUMAR S/O. NARASIMHULU, AGED ABOUT 44 YEARS, OCC. CARPENTER, R/O. PLOT NO. 16, CHRURCH AREA, R.S. NINGAPUR, MUNIRABAD, KOPPAL TQ. AND DIST., PIN-583234.

…PETITIONER

(BY SRI B. CHIDANANDA, ADVOCATE)

AND:

B. VERANNA S/O. LATE SHARANPPA, AGED ABOUT 67 YEARS, OCC. BUSINESS, R/O. JANARDHANA HOLLA COMPLEX, N.C. COLONY, HOSAPETE, VIJAYANAGAR DIST., PIN-583201.

Digitally signed byV N V N BADIGER BADIGER Date: 2025.03.18 15:26:54 +0530

(BY SRI J. BASVARAJ, ADVOCATE)

…RESPONDENT

THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W 401 OF CR.P.C., SEEKING TO CALL FOR ENTIRE RECORDS IN THE ABOVE CASE AND TO SET-ASIDE THE JUDGMENT DATED 20.09.2021, MADE IN CRIMINAL APPEAL NO.5029/2019, PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BALLARI, (SITTING AT HOSAPETE) AND ALSO THE JUDGMENT DATED 03.05.2019, MADE IN C.C.NO.1221/2016, PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC, HOSAPETE, FOR THE OFFENCE PUNISHABLE U/S. 138 OF N.I. ACT AND DISMISS THE COMPLAINT OF THE RESPONDENT HEREIN.

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

2 -

NC: 2021:KHC-D:12886 CRL.RP No. 100340 of 2021

ORAL ORDER

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

Parties are present before the Court.

Memo is filed stating the payment of amount in

installments.

Memo reads as under:

“It is humbly submitted that, this Hon'ble Court on 11-03-2025 directed me/Petitioner to file a memo with regard payment of balance Cheque amount of Rs.2,00,000/- (out of Rs.5,00,000/- Rs. 3,05,000/-deposited) Now I am agreeing to pay the balance Cheque amountof Rs.2,00,000/ to the complainant by way of 08 (Eight) equal instalments i.e. Rs. 25,000/- each on 10^th of every month from the payment of 1^st instalment. The payment details are shown as under:-

1) 1^st Instalment of Rs. 25,000/- will be paid on or before 10-04-2025.

2) 2^nd Instalment or Rs.25,000/- will be paid on or before 10-05-2025.

3) 3^rd Instalment or Rs.25,000/- will be paid on or before 10-06-2025.

4) 4^th Instalment or Rs.25,000/- will be paid on or before 10-07-2025.

3 -

NC: 2021:KHC-D:12886 CRL.RP No. 100340 of 2021

5) 5^th Instalment or Rs.25,000/- will be paid on or before 11-08-2025.

6) 6^th Instalment or Rs.25,000/- will be paid on or before 10-09-2025.

7) 7^th Instalment or Rs.25,000/- will be paid on or before 10-10-2025.

8) 8^th Instalment or Rs.25,000/- will be paid on or before 10-11-2025.

9) 8^th Instalment or Rs.50,000/- will be paid on or before 10-12-2025.

It is submitted that, in view of the serious injuries caused to me in the Motor Vehicle

Accident, I am unable to do any work and I have no means to pay the balance of cheque amount, hence I sought for payment under above said instalments. Further my son has also under gone surgery. Under the said circumstances, I am unable to mobilize the amount to pay the balance cheque amount. Hence, I agreeing to pay balance amount as stated above and further permit me to deposit the above said instalment amount in the court of Addl. Civil Judge & JMFC, Hosapete, in C.C.No:1221/2016, If I fail to obey the above said terms and conditions, this Hon'ble Court may proceed against me in accordance with the law or as this Hon'ble Court deems fit

4 -

NC: 2021:KHC-D:12886 CRL.RP No. 100340 of 2021

under the circumstances of the case, in the ends of justice.”

Placing the memo on record, revision petition is disposed of.

Amount in deposit is ordered to be withdrawn by the complainant under due identification.

If the agreed amount of compensation as per the memo is not paid by the revision petitioner and default of any one of the installments would automatically result in restoration of the order of the Trial Magistrate confirmed by the First Appellate Court.

After the payment of entire compensation amount on 10.12.2025, the fine amount of Rs.10,000/- is set aside.

Office is directed to return the trial court records for

the purpose of issuing modified conviction order.

SD/(V.SRISHANANDA) JUDGE

NAA CT:PA LIST NO.: 2 SL NO.: 12