IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL REVISION PETITION NO. 1526 OF 2016 BETWEEN:

MR. SURESH KUMAR S/O MAHABAL RAO, AGED ABOUT 37 YEARS, DIRECTOR NASCENT MANAGEMENT & TECHNOLOGY SOLUTIONS, NO 92, 2^ND FLOOR, MADHAV ARCADE ASHWATH NAGAR, RMV 2^ND STAGE, BANGALORE-560094.

…PETITIONER (BY SRI K. SHRIKANTH B., ADVOCATE)

AND:

DR. MOHAMMED KASIM, ”SITHARA” CHATHODAM, DHARMADAM POST, THALASSERY, KANNUR DISTRICT, KERALA-670106.

…RESPONDENT (BY SRI THONTADHARYA R.K., ADVOCATE)

THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND CONVICTION AND SENTENCE DATED 29.02.2016 PASSED IN C.C.NO.31215/2014 ON THE FILE OF XV ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE AND THE ORDER BY CONFIRMING THE ORDER DATED 16.09.2016 PASSED BY THE TRIAL COURT IN CRL.A.NO.384/2016 ON THE FILE OF THE LXII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE AND THEREBY DISMISSED THE APPEAL. AND ETC THIS CRIMINAL REVISION PETITION HAVING BEEN HEARD AND RESERVED ON 21.02.2025 COMING ON FOR PRONOUNCEMENT OF ORDER, THROUGH VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE MR JUSTICE S RACHAIAH CAV ORDER

1. This Criminal Revision Petition is filed by the petitioner/accused, being aggrieved by the judgment of conviction and order on sentence dated 29.02.2016 in C.C.No.31215/2014 on the file of the XV ACMM and its confirmation judgment and order dated 16.09.2016 in Crl.A.No.384/2016 on the file of the LXII Addl. City Civil & Sessions Judge, Bengaluru, seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner / accused was convicted for the offence punishable under Section 138 of Negotiable Instrument Act, 1881 (for brevity, ‘N.I. Act’)

2. The rank of the parties in the Trial Court will be considered henceforth for convenience.

The factual matrix of the case:

3. It is the case of the prosecution that the complainant was looking for postgraduate seat (super specialization) in medicine in India for his son. On 14.06.2012, the complainant read an advertisement which came in the newspaper wherein it discloses that super PG Courses on payment basis were available for the academic year 2013-14 at the lowest packages. Accordingly, the complainant contacted phone number which was given in the said advertisement, a person who received the phone call introduced himself as Arunkrishna and he told the complainant that there are management seats available in M.S.Ramaiah Medical College, Bengaluru for DM Cardiology.

4. On 30.07.2012, the said Arunkrishna came to the house of complainant and showed his identity card and assured that he would get seat for his son and he further instructed the complainant that he was acting as an agent for several professional colleges in Begnaluru in getting management seats filled.

5. It is further stated that the said Arunkrishna demanded a sum of Rs.40,00,000/- to get the seat in super specialization course at M.S.Ramaiah College, Bangalore. Accordingly, the complainant had advanced a sum of Rs.40,00,000/- to Arunkrishna by way of cash to get the seat. The said Arunkrishna told that he would keep only Rs.13,00,000/- with him and would pay remaining amount to other partners to get the work done.

6. Even after lapse of two to three months, the complainant could not get any favourable responses from the side of Arunkrishna. Hence, the complainant approached him and asked about the seat. However, the said Arunkrishna expressed his inability for not getting seat to the son of the complainant and he assured that he would return the amount which he had received from the complainant. Accordingly, in the month of September, 2013, Arunkrishna had issued two post dated cheques to discharge his liability. When those cheques were presented for encashment, the same were dishonoured. Therefore, a legal notice was issued. In the meantime, the said Arunkrishna and accused have called the compl