IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.1162 OF 2025 (397(Cr.PC) / 438(BNSS)

BETWEEN:

UTTHAMAN P K S/O KARNAN, AGED ABOUT 57 YEARS, R/AT NEW PARACKAL HOUSE, LAKE SIDE AVENUE, 1^ST MAIN, SHETTYHALLI, BENGALURU-560 015 AND ALSO AT R/AT PARACKAL HOUSE MANTHURURUTHY POST CHANGANACHERRY KOTTAYAM - 686542 …PETITIONER (BY SRI. SEENAPPA V, ADVOCATE)

Digitally AND:

signed by MALATESH KURIAKOSE N V K C S/O ALIYAS, Location:

AGED ABOUT 55 YEARS, HIGH R/AT NO.243, 3^RD CROSS, COURT OF L G LAKE VIEW, BILISHIVALE, KARNATAKA KOTHANNUR, BENGALURU-560 077 …RESPONDENT (BY SRI JAGAN MOHAN M T, ADVOCATE)

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT, CONVICTION AND SENTENCE PASSED BY THE LEARNED LXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH- 75) IN CRL.A.NO.25235/2024 DATED 02.06.2025 AND THE JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE COURT OF THE XXXIV ADDL. CHIEF METROPOLITAN MAGISTRATE, MAYO HALL UNIT, BENGALURU (ACMM-34) IN C.C.NO.59000/2018 DATED 05.06.2024 BY ALLOWING THE ABOVE CRIMINAL REVISION PETITION AND PLEASED TO ACQUIT THE PETITIONER IN THE ABOVE CASE.

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 Seenappa V, learned counsel for the revision petitioner and Sri Jagan Mohan M.T., learned counsel for the respondent.

2. Revision Petitioner is the accused who suffered an order of conviction for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, in C.C No.59000/2018 dated 05.06.2024 on the file of the XXXIV Addl. Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru (ACMM-34) confirmed in Criminal Appeal No.25235/2024 dated 02.06.2025 on the file of the LXXIV Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru, (CCH-75).

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

3.1 A private complaint came to be filed under Section

200 of the Code of Criminal Procedure alleging commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, by contending that complainant and accused are friends for several years and in such friendship, accused approached the complainant for financial assistance for commencing the chit business on multiple occasions.

3.2 The details of the investment made by the complainant are as under:

(a) On 25.03.2015 for a chit of Rs.25 lakhs and every month the chit amount was Rs.1,00,000/- and complainant has paid 20 months chit amount, as such complainant has paid a sum of Rs.20 lakhs.

(b) On 25.12.2015 for a chit of Rs.30 lakhs and every month the chit amount was Rs.1 lakh and complainant has paid 11 months chit amount, as such complainant has paid a sum of Rs.11 lakhs.

(a) On 30.05.2016 for a chit of Rs.30 lakhs and every month the chit amount was Rs.1 lakh and complainant has paid 6 months chit amount, as such complainant has paid a sum of Rs.6 lakhs.

4. However, the accused failed to repay the amount and therefore, complainant demanded the payment of the money. Towards the repayment, accused issued cheque bearing No.221919 dated 29.11.2017 for Rs.14,00,000/- drawn on Federal Bank, Jalahalli Branch, Bengaluru. Said amount was only part amount out of Rs.32,00,000/-.

5. Said cheque on presentation came to be dishonored with an endorsement, ‘kindly contact drawer/drawee bank’ and to present the cheque again on 29.11.2017. Again the cheque was re-presented at the instructions of the accused. But again it got dishonored with the same endorsement on 07.12.2017 and 02.12.2017 respectively.

6. A legal notice was issued calling upon the accused to make good the amount covered under the cheque which was sent by Registered Post Acknowledgment Due on 05.01.2018. There was no compliance