Iranna S/O Manohar Jutti Vs Smt. Sushila W/O Chandrappa… — Cheque Dishonour | Karnataka HC (2026)

Iranna S/O Manohar Jutti Vs Smt. Sushila W/O Chandrappa… — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Revision petition disposed of on the petitioner's memo undertaking to pay the balance amount (as per the order dated 03.08.2019 in CC No.563/2017) within three months; upon payment of the entire fine amount as ordered by the Trial Magistrate, the imprisonment confirmed by the First Appellate Court stands set aside; failing payment, the respondent/complainant may execute the impugned orders.

Issue for consideration

Whether the conviction and sentence imposed on the petitioner under Section 138 of the N.I. Act in CC No.563/2017, confirmed by the First Appellate Court in Criminal Appeal No.291/2019, should be set aside in this revision under Section 397 r/w 401 Cr.P.C. +1 more

Court's answer

Placing on record the memo filed by learned counsel for the revision petitioner (undertaking to pay the balance amount as per the order dated 03.08.2019 in CC No.563/2017 within three months), the revision petition stands disposed of.

Ratio / Principle

If the amount as agreed in the memo is not paid, the respondent/complainant is at liberty to execute the impugned orders.

Key takeaways

After payment of the entire fine amount as ordered by the learned Trial Magistrate, the imprisonment ordered by the Trial Magistrate and confirmed by the First Appellate Court stands set aside.ratio¶42

Detailed headnote1 paragraphs

Criminal revision petition under S.397 r/w 401, Cr.P.C. 1973 (BNSS S.438 analogue) by Iranna s/o Manohar Jutti challenging his conviction under S.138 of the N.I. Act in CC No.563/2017 (Civil Judge and JMFC, Hukkeri; conviction and sentence dated 03.08.2019), confirmed by the VII Additional Sessions Judge, Belagavi sitting at Chikkodi in Criminal Appeal No.291/2019 (judgment dated 07.07.2022). After partial arguments, counsel for the revision petitioner filed a memo undertaking to pay the balance amount as per the trial court's order within three months and requesting that the imprisonment order be set aside. The High Court, Dharwad Bench (V. Srishananda, J.; order dated 05.01.2026) placed the memo on record and disposed of the revision petition: after payment of the entire fine amount as ordered by the learned Trial Magistrate, the imprisonment confirmed by the First Appellate Court stands set aside; if the agreed amount is not paid, the respondent/complainant is at liberty to execute the impugned orders. No monetary figure is stated in the order.

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NC: 2026:KHC-D:28 CRL.RP No. 100266 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 5^TH DAY OF JANUARY, 2026 BEFORE

THE HON'BLE MR. JUSTICE V.SRISHANANDA

CRIMINAL REVISION PETITION NO. 100266 OF 2022

(397(CR.PC)/438(BNSS))

BETWEEN:

IRANNA S/O. MANOHAR JUTTI AGE. 38 YEARS, OCC. BUSINESS R/O. NEAR MOSALI KARANJI HUKKERI DIST. BELAGAVI-591309.

…PETITIONER

(BY SRI. VIJAYAKUMAR HIREMATH, ADVOCATE FOR SRI. SRINIVAS B. NAIK ADVOCATE)

AND:

Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench

SMT. SUSHILA W/O. CHANDRAPPA KAMBLE AGE. 47 YEARS, OCC. BUSINESS R/O. AMBEDKAR NAGAR, HUKKERI, DIST. BELAGAVI-591309.

SMT SHRUTI W/O. SHIVANAND APPANNAVAR AGE. 27 YEARS, OCC. HOUSEWIFE R/O. AMBEDKAR NAGAR, HUKKERI, DIST. BELAGAVI-591309.

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NC: 2026:KHC-D:28 CRL.RP No. 100266 of 2022

HC-KAR

AKASHAY S/O. CHANDRAPPA KAMBLE AGE. 25 YEARS, OCC. STUDENT, R/O. AMBEDKAR NAGAR, HUKKERI, DIST. BELAGAVI-591309.

RAHUL S/O. CHANDRAPPA KAMBLE AGE. 23 YEARS, OCC. STUDENT R/O. AMBEDKAR NAGAR, HUKKERI, DIST. BELAGAVI-591309.

…RESPONDENTS

(BY SMT. SUNANDA P. PATIL, ADVOCATE)

THIS CRIMINAL REVISION PETITION IS FILED U/S .397 R/W 401 OF CR.P.C., 1973, PRAYING TO CALL FOR THE RECORDS OF THE COURTS BELOW, AND ALLOW THIS REVISION PETITION AND SET-ASIDE THE JUDGMENT AND ORDER DATED 07.07.2022 PASSED IN CRIMINAL APPEAL NO.291/2019 ON THE FILE OF VII ADDITIONAL SESSIONS JUDGE, BELAGAVI SITTING AT CHIKKODI, AND SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 03.08.2019 PASSED IN CC NO.563/2017 ON THE FILE OF CIVIL JUDGE AND JMFC, HUKKERI, FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT, AND THEREBY ACQUIT THE PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE U/S 138 OF THE N.I. ACT, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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NC: 2026:KHC-D:28 CRL.RP No. 100266 of 2022

HC-KAR

ORAL ORDER

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

After addressing the arguments for sometime, a memo

is filed by learned counsel for the revision petitioner. Memo reads as under:

“In this petitioner submits as under:

The petitioner undertakes to pay the balance amount as per order dated 03.08.2019 passed by the Civil Judge and JMFC Court, Hukkeri within three months in CC No.563/2017. The Hon’ble Court is hereby requested to set aside the imprisonment order in the ends of justice and equity. Hence, this memo.”

Placing the memo on record, revision petition stands

disposed of .

However if the amount as agreed in the memo is not

paid, respondent/complainant is at liberty to execute the impugned orders.

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NC: 2026:KHC-D:28 CRL.RP No. 100266 of 2022

HC-KAR

After payment of the entire fine amount as ordered by

the learned Trial Magistrate, the imprisonment ordered by the learned Trial Magistrate confirmed by the First Appellate

Court stands set aside.

Sd/(V.SRISHANANDA) JUDGE

KAV Ct-cmu LIST NO.: 1 SL NO.: 35