IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF AUGUST, 2021

BEFORE

THE HON9BLE MR. JUSTICE N.K. SUDHINDRARAO

CRIMINAL REVISION PETITION No.22/2018

BETWEEN:

SRI C. MOHAN KUMAR,

S/O. LATE CHANDRASHEKHAR,

AGED ABOUT 46 YEARS,

OCC: TAXY DRIVER,

R/AT RAMACHARI COMPOUND,

BELUR ROAD, KOTE,

CHIKKAMAGALURU-577 101

& PETITIONER

(BY SRI PRABHUGOUDA B. TUMBIGI, ADVODATE

AS AMICUS CURIAE)

AND

SRI S. RAVINDRA,

S/O. E. SHEKAR,

AGED ABOUT 36 YEARS,

OCC: BUSINESSMAN,

R/AT ANJUMAN STREET,

CHIKKAMAGALURU-577 101

& RESPONDENT

(BY SRI JAVEED S., ADVOCATE

AS AMICUS CURIAE)

THIS CRIMINAL REVISION PETITION IS FILED

UNDER SECTION 397 OF CR.P.C., PRAYING TO SET ASIDE

THE JUDGMENT AND ORDER DATED 10.02.2015 PASSED

BY THE 3^RD ADDITIONAL CIVIL JUDGE AND JMFC,

2

CHIKKAMAGALURU IN C.C. NO.1008/2012 AND JUDGMENT

AND ORDER PASSED BY THE PRINCIPAL DISTRICT AND

SESSIONS JUDGE, AT CHIKKAMAGALUR, IN CRIMINAL

APPEAL NO.40/2015 DATED 25.09.2017.

THIS

CRIMINAL

PETITION

COMING

ON

FOR

ADMISSION

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

This petition is filed by accused against the

judgment and order dated 25.09.2017 passed in

Criminal Appeal No.40/2015 by the Principal District

and Sessions Judge at Chikkamagaluru, wherein the

appeal came to be dismissed and the judgment of

conviction and sentence dated 10.02.2015 passed by

the

3^rd

Additional

Civil

Judge

and

JMFC,

Chikkamagaluru in CC No.1008/2018 for the offence

under Section 138 of Negotiable Instruments Act (for

short 8N.I. Act9) is confirmed, wherein the accused was

directed to pay fine of Rs.1,000/-, in default to

undergo simple imprisonment for the period of one

year. Further he was directed to pay the complainant

3

a sum of Rs.93,500/- as compensation within three

months from the date of order and in default he shall

under go further simple imprisonment for a period of

one year.

2.

The substance of the complaint is as under:

The

present

respondent

had

filed

private

complaint under Section 200 of Cr.P.C., before the

trial Court alleging that for valid consideration i.e. for

business needs, the accused had issued a Cheque for

Rs.85,000/- dated 27.01.2012 drawn on Vyavasaya

Seva Sahakara Bank Niyamitha, Hiremagalur Branch,

Chikkamagaluru.

When

the

said

Cheque

was

presented for encashment, it was dishonoured with

endorsement 8funds insufficient9. The complainant has

intimated the same to the accused by issuing legal

notice, both, through RPAD and certificate of posting.

After receipt of notice, the accused has not made any

4

payment of Cheque amount. Therefore, complaint

was lodged on 20.03.2012.

3.

After filing of the complaint, the trial Court took

cognizance for the offence punishable under Section

138 of N.I. Act against the accused. After receipt of

summons, accused appeared before the trial Court.

Plea of accusation has been read over and explained

to the accused and he pleads not guilty and claims to

be tried.

4.

Learned trial Judge was accommodated with the

oral evidence of complainant - S. Ravindra as PW1

and documentary evidence as under:

Ex.P1 -

One Cheque

Ex.P2 -

Endorsement

Ex.P3 -

Bank Memo

Ex.P4 -

Notice issued by the complainant

Ex.P5 -

Acknowledge of postal letter

5

5.

Upon consideration of the trial, learned trial

judge

convicted

the

accused

for

the

offence

punishable under Section 138 of N.I. Act and

sentenced him as stated above. Aggrieved by the

same, accused preferred criminal appeal, which came

to be dismissed and the same is challenged by the

accused in this revision petition.

6.

Learned amicus curiae Sri Prabhugouda B.

Tumbigi for petitioner submits that there was no debt

of Rs.85,000/- or any amount repayable by the

accused to the complainant. The Cheque was altered.

The endorsement of Bank marked as Ex.P3 discloses

that there is change of the Cheque and Rules. The

Cheque went out of custody