IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE RAJESH RAI K CRIMINAL REVISION PETITION NO. 489 OF 2018 BETWEEN:

SRI SRIDHAR D S/O DYAVAPPA AGED ABOUT 45 YEARS, GUTTAHALLI VILLAGE, BARUR POST, KASABA HOBLI SAGAR TALUK-577 431 SHIVAMOGGA DISTRICT …PETITIONER (BY SRI. KRISHNAMURTHY M.R, ADVOCATE)

AND:

SRI. J.B SHIVAMURTHY S/O BASAPPA GOWDA, AGED ABOUT 63 YEARS, Digitally signed by CLERK AT BAR ASSOCIATION HARIKRISHNA V SHIVAMOGGA COURT COMPLEX, Location: HIGH COURT OF SHIVAMOGGA-577 201.

KARNATAKA …RESPONDENT (BY SRI. RAJENDRA.S, ADVOCATE)

THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED CONVICTION AND SENTENCE PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE AND JMFC, SAGAR IN C.C.NO.382/2013 DATED 03.01.2018 AND JUDGMENT PASSED BY THE LEARNED V ADDITIONAL DISTRICT AND S.J., SHIVAMOGGA SITTING AT SAGAR IN CRL.A.NO.10002/2018 DATED 22.02.2018.

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

CORAM: HON'BLE MR JUSTICE RAJESH RAI K

ORAL ORDER

This criminal revision petition is directed against the judgment passed in Crl.A.No.10002/2018 dated 22.02.2018 by the V Additional District and Sessions Judge, Shivamogga sitting at Sagar (hereinafter referred to as 'the First Appellate Court' for short), whereby the First Appellate Court confirmed the judgment of conviction and the order of sentence passed in C.C.No.382/2013 dated 03.01.2018 by the Additional Civil Judge and JMFC, Sagar (hereinafter referred to as 'the Trial Court' for short).

2. Parties are referred to as per their ranking before the Trial Court

3. The abridged facts of the case are as under:

The accused and the complainant are known to each other. In the year 2013 the accused availed hand loan of Rs.50,000/- from the complainant for the purpose of his urgent financial necessities. For repayment of the said loan amount, the accused issued a cheque bearing No.238784 dated 13.03.2013 drawn on Pragathi Grameena Bank, Tyagarthi Branch. The said cheque was presented by the complainant for encashment, however, the same was returned with an endorsement 'Funds Insufficient'. The said aspect was informed by the complainant to accused, despite, he failed to repay the same. As such, the complainant issued a legal notice to the accused on 23.03.2013, calling upon him to repay the cheque amount. The said notice though served, returned with endorsement as 'not claimed'. As such, the complainant filed the private complaint before the trial Court under Section 200 of Cr.P.C against the accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as the 'NI Act' for short).

4. In order to prove the case of the complainant, he examined himself as PW.1 and marked 4 documents as Exs.P1 to P4. However, the accused neither examined any witnesses nor got marked any documents.

5. After assessment of oral and documentary evidence placed before the trial Court, the trial Court passed the judgment by convicting the accused for the offence punishable under Section 138 of the NI Act and sentenced him to undergo simple imprisonment for a period of six months and further sentenced to pay a fine of Rs.5,000/-. In default of payment of fine, further directed him to undergo simple imprisonment for a period of three months and further directed him to pay a sum of Rs.50,000/- to the complainant as compensation within three months from the date of order.

6. Aggrieved by the above judgment, the accused preferred the criminal appeal before the learned Session Judge in Crl.A.No.10002/2018. Upon reassessment of the oral and documentary evidence and documents on record, learned Session Judge dismissed the criminal appeal and confirmed the judgment of conviction and the order of sentence passed by the trial Court. Challenge to the same is lis before this Court.

7. I have heard the learned counsel, Sri Krishnamurthy M.R., for the revision petitioner and Sr