IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 1214 OF 2022 (397(Cr.PC) / 438(BNSS))

BETWEEN:

SRI. PREETHAM S/O LATE CHANDRASHEKHAR, AGED ABOUT 38 YEARS, R/AT NO.B-1/SFS-87, SECTION B, YELHANKA NEW TOWN, BANGALORE - 560 064.

…PETITIONER (BY SRI. MANJUNATHA S.N, ADVOCATE)

AND:

BYREGOWDA A S/O AKKALAPPA, Digitally signed by AGED IN MAJOR, SHARADAVANI B R/AT HONNENAHALLI VILLAGE, Location: High Court of MANCHANABELE POST, Karnataka CHIKKABALLAPURA TALUK AND DSITRICT - 562 101.

…RESPONDENT (BY SRI. A. MAHESH CHOWDHARY, ADVOCATE)

THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC PRAYING TO SET ASIDE THE IMPUGNED CONVICTION ORDER DATED 02.12.2017 IN C.C.NO.31/2017 PASSED BY THE 1st ADDL.CIVIL JUDGE AND J.M.F.C AT CHIKKABALLAPURA AND SAME WAS CONFIRMED BY THE III ADDL.DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPURA IN CRL.A.NO.02/2018 BY ITS JUDGMENT DATED 06.06.2022.

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

1. Heard Sri.Manjunatha S. N., learned counsel for the revision petitioner and Sri.A.Mahesh Chowdhary, learned counsel for the respondent.

2. Accused who has suffered an order of conviction in CC No.31/2017 dated 02.12.2017 on the file of I Additional Civil Judge and JMFC, Chikkaballapur which was confirmed in Crl.A.No.2/2018 dated 06.06.2022 on the file of III Additional District and Sessions Judge, Chikkaballapur for the offence punishable under Section 138 of the Negotiable Instruments Act (for short 'the N.I. Act') is the revision petitioner.

3. Facts which are utmost necessary for disposal of the revision petition are as under:

3.1. A private complaint came to be lodged under Section 200 of Cr.P.C. alleging the commission of the offence punishable under Section 138 of the N.I. Act by contending that accused borrowed sum of Rs.15,00,000/- from the complainant agreeing to repay the same with interest at 24% p.a. within one year.

3.2. Towards repayment of the hand loan, a cheque bearing No.252034 dated 09.02.2015 drawn on Canara Bank, Yelahanka Satellite Town Branch, Bengaluru came to be issued which on presentation came to be dishonored with an endorsement ‘funds insufficient’.

3.3. Complainant demanded the payment covered under the cheque by issuing a legal notice on 26.02.2015.

3.4. Accused neither failed to comply the callings of the legal notice nor issued any reply. Therefore, complainant sought for action against the accused.

4. Learned Trial Magistrate after completing necessary formalities, summoned the accused and recorded the plea.

Accused pleaded not guilty and therefore, trial was held.

5. In order to bring home the guilt of the accused, complainant got examined himself as P.W.1 and placed on record ten documents which were exhibited and marked as Exs.P.1 to P.10 comprising of dishonored cheque, bank endorsement, copy of the legal notice, postal acknowledgement, correspondence to the post offence, certified copy of the sale deed, bank statement.

6. As against the material evidence placed on record by the complainant, accused got examined himself as D.W.1 and placed on record two documents namely certified copy of the sale deed and certified copy of the mortgage deed marked as Exs.D.1 and D.2.

7. Learned Trial Magistrate on conclusion of recording of the evidence, heard the arguments of the parties and on cumulative consideration of the oral and documentary evidence placed on record, convicted the accused for the offence punishable under Section 138 of the N.I. Act and sentenced as under:

“By exercising the power conferred under Sec. 255(2) of the Cr.P.C. the Accused is hereby convicted for the offence punishable under Sec.138 of Negotiable instrument Act.

The accused is sentenced to undergo simple imprisonment for six months for the offence punishable under Sec.138 of Negotiable instrument Act.

The accused is sentenced to pay a fine of Rs.