IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL APPEAL NO. 1696 OF 2019 (A)

BETWEEN:

POORNIMA K.S., D/O SRI SIDDAIAH M., AGED ABOUT 38 YEARS, 1^ST STAGE, OPP. TO MINI VIDHANASOUDHA, 1^ST CROSS, KUVEMPUNAGARA, RAMANAGARA TOWN AND DISTRICT.

…APPELLANT (BY SRI. KESHAVA MURTHY C N.,ADVOCATE)

AND:

SRI. PRASHANTH R., Digitally S/O M R RAMEGOWDA signed by AGED ABOUT 37 YEARS, SUMA B N NO.61, VASANTHA GREESHMA NILAYA Location:

HIGH COURT 17^TH B CROSS, 2^ND STAGE OF KARNATAKA GNANABHARATHI LAYOUT NAGADEVANAHALLI BANGALORE-560 056.

…RESPONDENT (BY SRI. KUMARA K.G.,ADVOCATE)

THIS CRL.A. IS FILED UNDER SECTION 378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED: 03.08.2019 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA IN CRL.A.NO.32/2018 AND CONFIRM THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 01.12.2018 IN C.C.NO.639/2016 PASSED BY THE ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, RAMANGARA - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S.138 OF NI ACT.

THIS APPEAL, COMING ON FOR ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL JUDGMENT

This appeal is by the complainant aggrieved by the judgment and order dated 03.08.2019, passed in Crl.A.No.32/2018 on the file of III Additional District and Sessions Judge, Ramanagara (hereinafter referred to as 'the First Appellate Court'), by which the appeal filed by the accused-respondent was allowed, setting aside the judgment and order dated 01.12.2018 passed in C.C.No.639/2016 passed on the file of Additional Civil Judge and JMFC, Ramanagara (hereinafter referred to as 'the trial Court').

2. The case of the complainant-appellant is that accused-

respondent being his relative and close acquaintance had approached him on 12.11.2015 for financial aid requesting for a hand loan in a sum of Rs.4,00,000/- to clear his debts which he had incurred on account of his marriage and had promised to repay the said loan within four months. He had also issued a posted cheque bearing No.425565 for a sum of Rs.4,00,000/-, mentioning the date as 12.04.2016 drawn on State Bank of India, Airport Road, Bengaluru. Upon his further instruction, complainant-appellant presented the said cheque for encashment to her bank, State Bank of Mysore, Ramanagara. The said cheque returned with an endorsement ''Funds Insufficient'', which was intimated to the complainant- appellant, on 27.04.2016. Accordingly, complainant-appellant caused issuance of notice on 03.05.2016, calling upon the accused-respondent to pay the cheque amount within 15 days from the date of receipt of the said notice. The said notice was sent through Registered Post Acknowledgement Due and the same has been duly received by the accused-respondent. That instead of complying with the demand made thereunder accused-respondent caused issuance of an untenable reply on 17.02.2016. Finding no other alternate, complainant-appellant filed the complaint under Section 200 of the Cr.P.C. against the accused-respondent for the offence punishable under Section

138 of Negotiable Instruments Act, 1881.

3. That the trial Court took cognizance and recorded the sworn statement and then proceeded with issuance of process. The complainant-appellant examined herself as PW1 and exhibited nine document marked as Exs.P1 to P9. Accused-

respondent has not led any oral or documentary evidence. 4. The Trial Court framed the following points for its consideration:

'' 1. Whether the complainant proves the accused is liable to pay Rs.4,00,000/- under the cheque issued for his discharge of the liability, as cheque was dishonored and even after service of notice in the stipulated period, the accused failed to arrange for the same and there by committed an offence punishable under Section 138 of the NI Act?

2. What Order? ''

5. On appreciation of the evidence and pleading, held the issue No.1 in the