Prabuswamy C Hiremath Vs Shrikanth S/O Shivappa Mavinamarad — Cheque Dishonour | Karnataka HC (2026)

Prabuswamy C Hiremath Vs Shrikanth S/O Shivappa Mavinamarad — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of in terms of the memo: respondent may withdraw the amounts already deposited (Rs. 40,000 before the Trial Court and Rs. 60,000 before the appellate court); petitioner to pay the remaining balance of Rs. 2,000 before the Trial Court on or before 31.08.2026; failure to pay any instalment exposes the respondent to the imprisonment ordered by the Trial Magistrate and confirmed by the first Appellate Court.

Issue for consideration

Whether the criminal revision petition seeking to set aside the conviction dated 23.01.2023 under S. 138 NI Act, 1881 in C.C.No. 156/2019, as confirmed on 25.09.2023 in Criminal Appeal No. 26/2023, should be allowed.

Court's answer

With the petitioner's counsel filing a memo recording the deposits made and the undertaking to pay the balance, and the learned counsel for the respondent endorsing no objection, the petition stands disposed of in view of the memo.

Ratio / Principle

The Court made clear that if any instalment under the memo is not paid, the respondent shall undergo the imprisonment as ordered by the learned Trial Magistrate and confirmed by the first Appellate Court.

Detailed headnote1 paragraphs

Criminal Revision Petition (CRL.RP No. 100458 of 2023) under S. 397 r/w 401 Cr.P.C. by Prabuswamy C. Hiremath seeking to set aside his conviction dated 23.01.2023 for an offence under S. 138 NI Act, 1881 in C.C.No. 156/2019 (Addl. Senior Civil Judge and J.M.F.C., Hangal), confirmed on 25.09.2023 in Criminal Appeal No. 26/2023 (Addl. District and Sessions Judge, FTSC-1, Haveri). After arguments had been addressed for some time, the petitioner filed a memo stating that Rs. 40,000 had been deposited before the Trial Court and Rs. 60,000 before the appellate court, that the respondent was free to withdraw those sums, and undertaking to pay the remaining balance of Rs. 2,000 before the Trial Court on or before 31.08.2026. With the respondent's counsel endorsing no objection, the Court disposed of the petition in view of the memo, expressly making clear that if any instalment is not paid, the respondent shall undergo the imprisonment as ordered by the learned Trial Magistrate and confirmed by the first Appellate Court.

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NC: 2026:KHC-D:1969 CRL.RP No. 100458 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

DATED THIS THE 10^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE V.SRISHANANDA

CRIMINAL REVISION PETITION NO. 100458 OF 2023 (397(CR.PC)/438(BNSS))

BETWEEN:

PRABUSWAMY C. HIREMATH AGE 46 YEARS, OCC. AGRICULTURE R/O. DYAMANAKOPPA, TALUK AND DISTRICT HAVERI 581203.

…PETITIONER

(BY SRI. SHRINIVAS K. NADAMANI, ADVOCATE)

AND:

SHRIKANTH S/O SHIVAPPA MAVINAMARAD AGE 37 YEARS, OCC. AGRICULTURE, R/O. HULLATTI, HANGAL TALUK, HAVERI DISTRICT 581111.

…RESPONDENT

(BY SRI. MAHESH WADEYAR, ADVOCATE)

Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2026.02.11 15:04:17 +0530

THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W 401 OF CR.P.C. SEEKING TO SET ASIDE THE ORDER OF CONVICTION DATED 23.01.2023 PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND J.M.F.C. HANGAL IN C.C.NO. 156/2019 FOR THE OFFENCE U/SEC. 138 OF NI ACT, 1881 CONFIRMED BY THE ORDER DATED 25.09.2023 PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1 AT HAVERI IN CRIMINAL APPEAL NO. 26/2023 BY ALLOWING THE CRIMINAL REVISION PETITION, IN THE INTEREST OF JUSTICE.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

2 - NC: 2026:KHC-D:1969 CRL.RP No. 100458 of 2023

HC-KAR

ORAL ORDER

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

After addressing the arguments for some time,

learned counsel for the petitioner filed a memo, which reads as follows:

Memo

1. “Petitioner already deposited a sum of Rs.40,000-00 before the Trial Court and Rs.60,000-00 before the appellate court. Petitioner has no objection for Respondent to withdraw the amount already deposited.

2. Petitioner agree / undertakes to pay the remaining balance amount of Rs.2,000-00 before the Trial court on or before 31.08.2026. The same will be intimated to the Respondent.

3. Hence, present Criminal Revision petition may be disposed of as per this memo.”

Learned counsel for the respondent has

endorsed no objection.

In view of the memo, the petition stands

disposed of .

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NC: 2026:KHC-D:1969 CRL.RP No. 100458 of 2023

HC-KAR

It is made clear that if any instalment is not paid

in terms of the memo, the respondent shall undergo the imprisonment as ordered by the learned Trial Magistrate and confirmed by the first Appellate Court.

Sd/(V.SRISHANANDA)

JUDGE

AC Ct-cmu LIST NO.: 1 SL NO.: 28