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NC: 2026:KHC:17911 CRL.RP No. 1050 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF APRIL, 2026

BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA

CRIMINAL REVISION PETITION NO. 1050 OF 2022

BETWEEN: M LAKSHMI

W/O M.PRASANNA KUMAR AGED 47 YEARS,

R/AT NO.34, 10^TH MAIN, COFFEE BOARD LAYOUT,

NEAR BSNL TELEPHONE EXCHANGE

…PETITIONER (BY SRI. S. VASANTH MADHAV, ADVOCATE)

AND:

R.V. MAHESH Digitally signed by S/O R.V. GOVINDASWAMY

MALATE SH AGED ABOUT 40 YEARS, K C R/AT FLAT NO.208,

Location:

CUBIS APARTMENT, HIGH

2^ND FLOOR, COURT OF KARNATAKA NEAR COFEE BOARD LAYOUT,

HEBBAL KEMPAPURA BANGALORE - 560 024.

…RESPONDENT (BY SRI. PRADEEP KUMAR K H.,ADVOCATE)

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NC: 2026:KHC:17911 CRL.RP No. 1050 of 2022

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THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER OF CONVICTION AND SENTENCE PASSED BY THE HONBLE 18^TH ACMM, BANGALORE IN C.C.NO.22492/2016 DATED 07.03.2019 AND ALSO THE ORDER PASSED BY THE APPELLATE COURT IN CRL.A.NO.803/2019 DATED 16.05.2022 ON THE FILE OF THE 59^TH ACMM COURT (CCH-60) BANGALORE CONSEQUENTLY DISMISSED THE COMPLAINT OF THE RESPONDENT ALLOW

THIS R.P WITH COST.

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. Vasanth Madhav, learned counsel for

the petitioner and Sri. Pradeep Kumar, learned counsel

for the respondent.

2. Accused who suffered an order of conviction in CC

No.22492/2016 for the offence punishable under Section 138 of the Negotiable Instruments Act, confirmed in

Criminal Appeal No.803/2019, is the revision petitioner.

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NC: 2026:KHC:17911 CRL.RP No. 1050 of 2022

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3. Facts in the nutshell which are utmost necessary

for disposal of the present petition are as under :

3.1 A private complaint came to be filed under

Section 200 of the Code of Criminal Procedure alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments Act by alleging that, complainant was the tenant under the husband of the accused in the year 2014. Thus, complainant and accused are well acquainted with each other. Accused has requested the complainant for financial assistance in a sum of Rs.5,00,000/- with a promise to repay the same within couple of months. Complainant had given a sum of Rs.1,00,000/- on 21.07.2014 and a sum Rs.1,00,000/- on

27.08.2014 which is reflected in Exhibit P5.

3.2 Despite repeated demands there was no

repayment of loan. Finally, in the second week of May 2016, when demand was made, a Cheque bearing No.475798 dated 01.06.2016 came to be issued in a sum

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NC: 2026:KHC:17911 CRL.RP No. 1050 of 2022

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of Rs.4,00,000/- drawn on Corporation Bank, which on presentation came to be dishonoured with an

endorsement 'funds insufficient'.

3.3 Legal notice was issued on 02.08.2016.

calling upon the accused to make good the payment covered under the cheque. There was no compliance to the callings of the notice and therefore the complainant

has sought for necessary action against the accused.

3.4 Learned Trial Magistrate after completing

the necessary formalities, summoned the accused and recorded plea. Accused pleaded not guilty, therefore trial

was held.

3.5 In order to prove the case of the

complainant, he got examined as PW1 and placed on record eight documents comprising of dishonour cheque, bank endorsement, copy of the legal notice, reply notice, bank statement, rental agreement, written statement in

OS No.4190/2016.

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NC: 2026:KHC:17911 CRL.RP No. 1050 of 2022

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3.6 As against the same, accused got herself

examined as DW1 and Sri. Prasanna Kumar as DW2 as a witness on her behalf and they placed on record three documents namely a Challan, order sheet in OS

No.4190/2016 and the statement.

3.7 Learned Trial Magistrate on conclusion of

recording of evidence, noted that accused has categorically admitted receipt of Rs.5,00,000/- as per E

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