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NC: 2026:KHC:16359 CRL.RP No. 27 of 2023

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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. 27 OF 2023 (397(Cr.PC) / 438(BNSS))

BETWEEN:

SRI. ABDUL KHADAR S/O. SANAULLA,

AGED ABOUT 52 YEARS, R/O. BATTEMALLAPPA, HARIDRAVATHI POST, HOSANAGARA TALUK,

SHIVAMOGGA- 577 201, NOW R/O. NEAR A1 AMEEN COLLEGE,

BENGALURU- 560 027.

…PETITIONER (BY SRI. K. V. SATEESHCHANDRA., ADVOCATE)

AND:

Digitally signed by SHARADAVANI B

SRI. H. R. SOMASHEKAR Location: High Court of S/O. RUDRAPPA GOWDA, Karnataka

AGED ABOUT 48 YEARS, R/O. SAGARA TOWN,

SHIVAMOGGA- 577 401.

…RESPONDENT (BY SRI. BIMBADHARA H. M., ADVOCATE)

THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE

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NC: 2026:KHC:16359 CRL.RP No. 27 of 2023

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SENTENCE AND CONVICTION ORDER PASSED IN CRL.A.NO.10013/2020 DATED 13.10.2022 PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT SAGAR AND CONVICTION AND SENTENCE DATED 12.02.2020 PASSED BY THE COURT OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., SAGAR IN C.C.NO.175/2016 FOR THE OFFENCE P/U/S 138 OF NEGOTIABLE INSTRUMENTS ACT BY

ALLOWING THIS CRL.RP.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri.K.V. Sateeshchandra, learned counsel for

the revision petitioner and Sri.Bimbadhara H.M., learned

counsel for the respondent.

2. Accused who has suffered an order of conviction

for the offence under Section 138 of the Negotiable Instruments Act (for short 'N.I. Act') in C.C. No.175/2016 confirmed in Crl.A.No.10013/2020 is the revision

petitioner.

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NC: 2026:KHC:16359 CRL.RP No. 27 of 2023

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3. Facts in the nutshell which are utmost

necessary for disposal of the present revision petition are

as under:

3.1 A private complaint filed under Section 200 of

Cr.P.C came to be lodged by the complainant against the accused alleging the commission of offence punishable under Section 138 of the N.I. Act, contending that towards the repayment of the hand loan, a cheque in a sum of Rs.2,75,000/- bearing No.418008 drawn on Canara Bank, Alageri Mandri branch, came to be issued. The said cheque on presentation returned with an endorsement as

"Insufficient Funds" on 05.11.2015.

3.2 Complainant got issued a legal notice

demanding the payment covered under the cheque which has been served on the accused on 02.12.2015 and there was no reply nor compliance to the callings of notice and

therefore action was sought.

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NC: 2026:KHC:16359 CRL.RP No. 27 of 2023

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3.3 The learned Trial Magistrate after completing

the necessary formalities, summoned the accused. The accused pleaded not guilty and therefore the trial was

held.

3.4 In order to prove the case of the complainant,

he got examined himself as P.W.1 and placed on record dishonored cheque, bank endorsement, copy of the legal

notice, postal acknowledgment.

3.5 As against the material evidence placed on

record by the complainant, there is no defence evidence either oral or documentary. The cross-examination of P.W.1 did not lead any positive material so as to rebut the presumption available to the complainant under Section

139 of the N.I. Act.

3.6 Therefore, learned Trial Magistrate convicted

the accused and sentenced him as under:

" Acting under Sec. 255(2) of Cr.P.C., the accused is hereby Convicted for the offence punishable under Section 138 of Negotiable Instrument Act.

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NC: 2026:KHC:16359 CRL.RP No. 27 of 2023

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It is ordered that the accused shall pay fine a sum of Rs.3,10,000/- for punishment of offence punishable under Section 138 of Negotiable Instrument Act and in default he shall undergo

simple imprisonment for a period of 6 months.

Acting under Sec.357 (1) of Cr.P.C. it is ordered that out of fine amount a sum of Rs.3,00,000/- shall be paid to the complainant

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