Sri Santosh S/O Fakkiresh Iliger Vs Sri Venkatesh S/O B… — Cheque Dishonour | Karnataka HC (2026)

Sri Santosh S/O Fakkiresh Iliger Vs Sri Venkatesh S/O B… — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of on the strength of the petitioner's memo: cheque and fine amounts to be paid to the complainant/respondent in six installments (Rs. 1,50,000 each on or before 15.03.2026, 15.04.2026, 15.05.2026, 15.06.2026 and 15.07.2026, and Rs. 2,00,000 on or before 15.08.2026); amount in deposit to be withdrawn by the complainant under due identification; if any installment is not paid, the Trial Magistrate's order as confirmed by the First Appellate Court stands restored automatically and the respondent may execute it in accordance with law.

Issue for consideration

Whether the judgment of conviction and order of sentence dated 28.02.2023 in C.C.No. 3198/2021 (S. 138 NI Act), confirmed on 11.09.2023 in Crl. Appeal No. 15/2023, should be called for, set aside, and the petitioner acquitted, as sought in the revision petition.

Court's answer

The revision petition stands disposed of by placing on record the petitioner's memo undertaking to pay the cheque and fine amounts to the complainant/respondent in six installments; learned counsel for the respondent endorsed no objection.

Ratio / Principle

If any one of the installments is not paid, the order of the Trial Magistrate, as confirmed by the First Appellate Court, shall stand restored automatically, and the respondent is at liberty to execute the same in accordance with law.

Key takeaways

The amount in deposit is ordered to be withdrawn by the complainant under due identification.ratio¶38

Detailed headnote1 paragraphs

High Court of Karnataka, Dharwad Bench; CRL.RP No. 100413 of 2023; decided 03.02.2026 by V. Srishananda J. (single-member oral order). Criminal revision petition filed under S. 397(1) r/w S. 401 CrPC (corresponding BNSS provision noted as S. 438) by Santosh s/o Fakkiresh Iliger seeking to set aside his conviction and sentence under S. 138 NI Act imposed in C.C.No. 3198/2021 by the II Addl. Civil Judge and J.M.F.C.II, Gadag (judgment dated 28.02.2023) and confirmed by the I Addl. Prl. Judge, Family Court, Gadag in Crl. Appeal No. 15/2023 (judgment dated 11.09.2023), and seeking acquittal. At the admission stage the petitioner filed a memo undertaking to pay the cheque and fine amounts to the complainant/respondent in six installments (Rs. 1,50,000 each due on or before 15.03.2026 through 15.07.2026, and Rs. 2,00,000 due on or before 15.08.2026); the respondent's counsel endorsed no objection. Placing the memo on record, the Court disposed of the petition, directing that if any one installment is not paid, the order of the Trial Magistrate as confirmed by the First Appellate Court shall stand restored automatically and the respondent may execute it in accordance with law; the amount in deposit was ordered to be withdrawn by the complainant under due identification.

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NC: 2026:KHC-D:1522 CRL.RP No. 100413 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3^RD DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE V.SRISHANANDA

CRIMINAL REVISION PETITION NO. 100413 OF 2023

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

BETWEEN:

SRI SANTOSH S/O FAKKIRESH ILIGER AGE. 36 YEARS, OCC. PRIVATE WORK, R/O. MAGADI, TQ. SHIRAHATTI, DIST. GADAG 581107.

…PETITIONER

(BY SRI. CHETAN T. LIMBIKAI, ADVOCATE)

AND:

SRI VENKATESH S/O B. MALALI AGE. 46 YEARS, OCC. BUSINESS, R/O. MAGADI, TQ. SHIRAHATTI, DIST. GADAG 581107.

…RESPONDENT

Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench

(BY SRI. K.L. PATIL, ADVOCATE)

THIS CRIMINAL REVISION PETITION IS FILED U.SEC. 397 (1) R/W SEC. 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 28.02.2023 PASSED BY THE COURT OF II ADDL. CIVIL JDUGE AND J.M.F.C.II, GADAG IN C.C.NO. 3198/2021, P/U/SEC. 138 OF NI ACT CONFIRMED BY THE I ADDL. PRL. JUDGE FAMILY COURT AT GADAG, VIDE ITS JUDGMENT DATED 11.09.2023 PASSED IN CRL. APPEAL NO. 15/2023 AND ACQUIT THE PETITIONER, IN THE INTEREST OF JUSTICE.

NC: 2026:KHC-D:1522 CRL.RP No. 100413 of 2023

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HC-KAR

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

ORAL ORDER

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

Learned counsel for the petitioner has filed a

memo. The memo reads as under:

“ Memo

In the top noted Revision Petition, the Advocate for Revision petition submits that, as per the Revision petition instructions. He would pay the cheque and fine amount to the complainant/respondent as per following manner mentioned below.

Installments Amount to be paid 1 On or before Rs.1,50,000/15.03.2026 2 On or before Rs.1,50,000/15.04.2026 3 On or before Rs.1,50,000/15.05.2026 4 On or before Rs.1,50,000/15.06.2026 5 On or before Rs.1,50,000/15.07.2026 6 On or before Rs.2,00,000/15.08.2026

Hence, this memo.”

3 - NC: 2026:KHC-D:1522 CRL.RP No. 100413 of 2023

HC-KAR

Learned counsel for the respondent has endorsed

no objection.

Placing the memo on record, the petition stands

disposed of.

It is made clear that if any one of the instalments is not paid, the order of the Trial Magistrate, as confirmed by the First Appellate Court, shall stand restored automatically, and the respondent is at liberty to execute the same in accordance with law.

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

Sd/(V.SRISHANANDA) JUDGE

AC Ct-cmu LIST NO.: 3 SL NO.: 17