IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 28 OF 2018 BETWEEN:

SRI T.S.MAHESHA S/O T.N.SIDDEGOWDA RESIDENT OF HOUSE NO.446

38TH CROSS, ROAD, 2ND BLOCK RAJAJINAGARA, BANGALORE - 560 010 AND ALSO AT TAGARE VILALGE & POST BIKKODU HOBLI, BELUR TALUK HASSAN DISTRICT - 573 215.

…PETITIONER (BY SRI B.M.AKANDESHWARA, ADV. FOR SRI MADHUSUDHAN M.N, ADV.)

AND:

SRI RANGEGOWDA S/O PUTTEGOWDA Digitally RESIDENT OF ALUR VILLAGE signed by BALLUR POST, AREHALLI HOBLI NANDINI M S BELUR TALUK, HASSAN Location:

DISTRICT - 573 101.

HIGH COURT OF …RESPONDENT KARNATAKA (BY SRI P.P. JAYAKUMARA, ADV.)

THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER OF CONVICTION AND SENTENCE DATED 10.10.2017 PASSED IN CRL.A.NO.254/2016 PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN AND IMPUGNEDORDER OF CONVICTION AND SENTENCE DATED 01.12.2016 PASSED BY THE CIVIL JUDGE AND J.M.F.C., BELUR IN C.C.NO.678/2012 RESPECTIVELY THEREBY ACQUITTING THE PETITIONER FROM THE OFFENCE P/U/S 138 OF N.I. ACT.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused is before this Court in this revision petition filed under Sections 397 read with 401 of Cr.PC with a prayer to set aside the judgment and order of conviction and sentence dated 01.12.2016 passed by the Court of Civil Judge & JMFC, Belur, in CC.No.678/2012 and the judgment and order dated 10.10.2017 passed by the Court of V Addl. District & Sessions Judge, Hassan, in Crl.A.No.254/2016.

2. Heard the learned Counsel for the parties.

3. Respondent herein had initiated proceedings for the offence punishable under Section 138 of the N.I.Act in CC.No.678/2012 before the jurisdictional Court of Magistrate at Belur. It is the specific case of the respondent that petitioner had borrowed a sum of Rs.4 lakhs from the respondent and towards repayment of the said amount, the cheque in question bearing No.978700 dated 05.05.2012 drawn on State Bank of Mysore, was issued in his favour which was dishonoured by the drawee bank when presented for realization. Thereafter, statutory legal notice was got issued on behalf of the complainant and since the petitioner had not repaid the amount covered under the cheque in question inspite of service of notice, the respondent had initiated proceedings against the petitioner for the offence punishable under Section 138 of the N.I.Act.

4. In the said proceedings, the Trial Court has convicted the petitioner for the offence punishable under Section 138 of the N.I.Act and sentenced him to undergo simple imprisonment for a period of six months and pay fine of Rs.8,00,000/- and in default to undergo simple imprisonment for a period of three months.

5. The said judgment and order of conviction and sentence passed by the Trial Court in CC.No.678/2012 has been confirmed in Crl.A.No.254/2016 by the Court of V Addl. District & Sessions Judge, Hassan, vide judgment and order dated

10.10.2017.

6. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that the respondent- complainant has initiated civil proceedings in O.S.No.102/2013 before the jurisdictional Civil Court at Belur for recovery of the amount covered under the cheque in question. The said suit was dismissed and a finding has been recorded in the said suit that the cheque in question was not issued towards discharge of the loan allegedly borrowed by the petitioner from the respondent herein. The judgment and decree passed in O.S.No.102/2013 dated 13.12.2016 has attained finality. Therefore, the impugned judgment and order of conviction and sentence passed by the courts below cannot be sustained.

7. Per contra, learned Counsel for the respondent submits that proceedings for the offence under Section 138 of N.I.Act was initiated in the year 2012, whereas the