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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF SEPTEMBER, 2021

BEFORE

THE HON'BLE MR.JUSTICE N.K.SUDHINDRARAO

CRIMINAL REVISION PETITION.No.1041/2019

BETWEEN:

SRI D.K.RAMACHANDRAPPA

AGED ABOUT 64 YEARS,

EMPLOYEE NO.519790,

C.C.NO.8411, (VSIL),

NEW TOWN, BHADRAVATHI,

SHIVAMOGGA DISTRICT,

R/AT NO.D.B 20/AB,

NEW TOWN, BHADRAVATHI,

SHIVAMOGGA DISTRICT - 577 301.

... PETITIONER

(BY SRI C R GOPALASWAMY, ADVOCATE)

AND:

CHANDRANAIK

SINCE DEAD BY L.Rs.

(NOTE: WRONGLY TYPED IN THE

ORDER AS CHANDRIKA IN

CRL.APPEAL NO.67/2014)

1.

SHARADA BAI,

W/O LATE CHANDRA NAIK,

AGED ABOUT 60 YEARS,

2.

GANGADARA C,

S/O LATE CHANDARA NAIK,

AGED ABOUT 43 YEARS,

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3.

SHANKARA C

S/O LATE CHANDARA NAIK,

AGED ABOUT 34 YEARS,

ALL ARE R/O SAPTHAGIRI EXTENSION,

NEAR MAHATHMAGANDHI SCHOOL ROAD,

SIRA TOWN,

TUMKURU - 572 127.

... RESPONDENTS

(BY SMT SOWMYA R, ADVOCATE)

THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.P.C.

PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION,

PASSED BY THE COURTS BELOW VIDE CC NO.1081/2003

DATED 16.08.2014 PASSED BY THE PRL. CIVIL JUDGE

AND J.M.F.C. SIRA AND IN CRL.A.NO.67/2014 DATED

09.04.2019 BY THE II ADDL. SESIONS JUDGE AND

J.M.F.C. AT TUMKURU, IN THE INTEREST OF JUSTICE.

THIS CRL.RP COMING ON FOR ADMISSION THIS

DAY, THE COURT MADE THE FOLLOWING:

ORDER

Though this matter is listed today for admission,

the same is taken up for final disposal having regard to

the facts and circumstances of the case.

2.

This Criminal Revision Petition is filed

against the Judgment of conviction and order of

sentence dated 16.08.2014 passed by Prl.Civil Judge

and JMFC., Sira in C.C.No.1081/2003 and Judgment

dated 09.04.2019 in Crl.A.No.67/2014 passed by II

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Addl.

District

and

Sessions

Judge,

Tumakuru

confirming the Judgment of the trial Judge.

3.

In order to avoid confusion and over-

lapping, parties are addressed in accordance with their

ranks and status before the trial Court.

4.

Accused

-

Sri.D.K.Ramachandrappa

preferred appeal in Crl.A.No.67/2014 before the

Appellate Judge, wherein Judgment of conviction and

order of sentence passed by the Trial Court came to be

confirmed and appeal was dismissed. Being aggrieved

by the same accused has come in revision before this

Court.

5.

In order to avoid repetition, substance of

the complaint is extracted from the certified copy of

the Judgment of the learned Appellate Judge in Crl.

Appeal No.67/2014 which reads as under:-

"That, it is the specific case of

complainant that, accused had borrowed

an amount of Rs.1,50,000/- from the

complainant in the last week of July

2003, and issued a post dated cheque

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for

Rs.1,50,000/-

dated

29.08.2003

towards the discharge of the said

existed debt, and the same came to be

presented

for

encashment

on

29.08.2003. But however, the same had

returned

unpaid,

and

then

the

complainant

has

got

issued

notice

through his advocate by registered post

as well as under certificate of posting,

and the notice sent by RPAD returned

with an endorsement as '7 days absent'.

But however, the notice sent under

certificate of posting had been duly

served upon the accused. Inspite of

that, accused has not chosen to make

payment of the cheque amount, and

thereby,

committed

an

offence

punishable

under

Section

138

of

Negotiable Instruments Act. "

6.

A criminal case came to be filed under

Section 200 of Cr.P.C. for the offence punishable

under Section 138 of N.I.Act.

7.

Learned Trial Judge took cognizance of the

offence and issued summons to the accused. Accused

appeared before the trial Court and was released on

bail. Accusation was read over and explained to the

accused, who pleaded not guilty and claims to be

tried.

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8.

Learned trial Judge was accommodated

with the following oral and documentary evidence:

"Witnesses and documents produced on

behalf of c