IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 90 OF 2021 BETWEEN:

SRI KARTHIK SUVARNA. P.

S/O PUTTASWAMY, AGED ABOUT 31 YEARS, RESIDING AT GROUND FLOOR, UDYOGPURA, RANGAPPA ESTATE, BENGALURU SOUTH, BENGALURU-560 082.

…PETITIONER (BY SRI. R. V. SHIVANANDA REDDY.,ADVOCATE)

AND:

SRI VIJAYA KUMAR. P. N.

S/O SRI LATE NARAYAN RAO, Digitally signed by AGED ABOUT 65 YEARS, SHARADAVANI B RESIDING AT NO.209, GROUND FLOOR, Location: High NAIDUS LAYOUT, AREHALLI , Court of Karnataka NEAR ABBAIAH NAIDU STUDIO, BENGALURU-560 061.

…RESPONDENT (BY SRI. SATHISHA D J., ADVOCATE)

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

PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 02.05.2018 OF CONVICTING PASSED IN CC. NO.21245/2017 ON THE FILE OF THE XVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, AND ORDER DATED 12.02.2020 IN CRL.A.NO.1048/2018 ON THE FILE OF THE 68^TH CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-69), BENGALURU, AND ACQUIT THE PETITIONER FOR THE OFFENCE P/U/S.138 OF N.I. ACT.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused is before this Court in this Criminal Revision petition filed under Section 397 read with Section 401 of Cr.P.C. with a prayer to set aside judgment and order of conviction and sentence passed in C.C.No.21245/2017 dated 02.05.2018 by the Court of XVI Additional Chief Metropolitan Magistrate, Bengaluru, which is confirmed in Criminal Appeal No.1048/2018 by Judgment and Order dated 12.02.2020 passed by the Court of LXVIII Additional City Civil and Sessions Judge, Bengaluru City.

2. Heard the learned counsel for these parties.

3. Respondent herein had initiated proceedings against the petitioner for offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (for short 'NI Act') before the jurisdictional Court of Magistrate at Bangalore in C.C.No.21245/2017. In the said case, the Trial Court vide impugned judgment and order dated 02.05.2018, convicted the petitioner for the offence punishable under Section 138 of the NI Act and sentenced him to pay fine of Rs.5,25,000/- and in default to undergo simple imprisonment for a period of 1 year. The said judgment and order of conviction and sentence passed against the petitioner in C.C.No.21245/2017 was confirmed in Crl.A.No.1048/2018 by Judgment and Order dated 12.02.2020 by the Court of LXVII Additional City Civil and Sessions Judge, Bengaluru City. It is under these circumstances the petitioner is before this court.

4. Learned counsel for the petitioner submits that though an application under Section 145(2) of Negotiable Instruments Act was filed on the date of appearance of the petitioner before the trial Court, proper opportunity to cross examine PW1 was not granted. He submits that the trial Court in a hurried manner has proceeded against the petitioner who has got a good case on merits.

5. Percontra, Learned counsel appearing for the respondent has argued in support of the impugned judgment and order and submits that in spite of sufficient opportunity being granted, petitioner had failed to participate in the trial before the trial court and therefore, the trial Court as well as the Appellate Court were justified in passing the impugned judgment and order of conviction and sentence. Accordingly, prays to dismiss the revision petition.

6. Respondent herein had filed PCR No.9676/2017 before the jurisdictional Court, against the petitioner herein for offence punishable under Section 138 of the NI Act.

7. It is the case of the respondent/complainant that petitioner had borrowed a sum of Rs.5,00,000/- in cash towards his domestic commitments and after repeated demands made by the complainant, towards repayment of the amount borrowed, petitioner had issued the cheque in question bearing number 920543 dated 16.06.2017 drawn on State Bank of Mysore, the Art o