The High Court of Karnataka dismissed two criminal revision petitions challenging a conviction and sentence for offence under Section 138 NI Act due to non-prosecution as the petitioner was absent from the hearing.
The criminal revision petition is dismissed for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2026:KHC:19527 CRL.RP No. 1882 of 2025 C/W CRL.RP No. 1878 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION No.1882 OF 2025 (407(Cr.PC) / 447(BNSS) C/W CRIMINAL REVISION PETITION No.1878 OF 2025
IN CRL.RP.No.1882/2025
BETWEEN:
SMT KURSHID BANU W/O VAZID ALI, AGED ABOUT 49 YEARS, R/AT JANTHA COLONY ROAD, MULLUSOGE VILLAGE, KUSHALNAGAR TALUK, KODAGU DISTRICT-571234.
…PETITIONER
(BY SRI SEETHARAMU S.P, ADVOCATE -ABSENT)
AND:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
SMT PARAHATHUNNISA W/O ANWAR PASHA, AGED ABOUT 62 YEARS, R/AT MARKET ROAD, KUSHALNAGAR, KODAGU DISTRICT-571234.
…RESPONDENT
(BY SRI BHAGAT VENKATESH R, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 438 R/W 442 OF BHARATIYA NAGARIK SURAKSHA SANHITA PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 03.10.2025 PASSED IN CRL.A. NO.16/2025 ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE, KODAGUMADIKERI, CONFIRMING THE JUDGMENT OF CONVICTION AND
NC: 2026:KHC:19527 CRL.RP No. 1882 of 2025 C/W CRL.RP No. 1878 of 2025
HC-KAR
ORDER OF SENTENCE DATED 22.06.2024 IN CC.NO.1231/2022 ON THE FILE OF THE CIVIL JUDGE AND JMFC COURT KUSHALNAGARA, VIDE ANNEXURE-A AND SET ASIDE THE JUDGMENT AND ORDER DATED 22.06.2024 PASSED IN C.C.NO.1231/2022 CONVICTING THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENT ACT, 1881 AND FURTHER SENTENCING HIM TO PAY A FINE OF RS.3,15,000/- (RUPEES THREE LAKHS FIFTEEN THOUSAND ONLY), AND OUT OF THE SAID FINE AMOUNT, AN AMOUNT OF RS.3,15,000/- (RUPEES THREE LAKHS FIFTEEN THOUSAND ONLY), WHICH IS ORDERED TO BE PAID AS COMPENSATION TO THE RESPONDENT, VIDE ANNEXURE-B.
IN CRL.RP.No.1878/2025
BETWEEN:
SMT KURSHID BANU W/O VAZID ALI, AGED ABOUT 49 YEARS, R/AT JANTHA COLONY ROAD, MULLUSOGE VILLAGE, KUSHALNAGAR TALUK, KODAGU DISTRICT-571234.
…PETITIONER
(BY SRI SEETHARAMU S.P, ADVOCATE -ABSENT)
AND:
SMT PARAHATHUNNISA W/O ANWAR PASHA, AGED ABOUT 62 YEARS, R/AT MARKET ROAD, KUSHALNAGAR, KODAGU DISTRICT-571234.
…RESPONDENT
(BY SRI BHAGAT VENKATESH R, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 438 R/W 442 OF BHARATIYA NAGARIK SURAKSHA SANHITA PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
HC-KAR
DATED 03.10.2025 PASSED IN CRL.A. NO.16/2025 ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE, KODAGUMADIKERI, CONFIRMING THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 22.06.2024 IN CC.NO.168 /2020 ON THE FILE OF THE CIVIL JUDGE AND JMFC COURT KUSHALNAGARA, VIDE ANNEXURE-A AND SET ASIDE THE JUDGMENT AND ORDER DATED 22.06.2024 PASSED IN C.C.NO.68/2020 CONVICTING THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENT ACT, 1881 AND FURTHER SENTENCING HIM TO PAY A FINE OF RS.3,15,000/- (RUPEES THREE LAKHS FIFTEEN THOUSAND ONLY), AND OUT OF THE SAID FINE AMOUNT, AN AMOUNT OF RS.3,15,000/- (RUPEES THREE LAKHS FIFTEEN THOUSAND ONLY), WHICH IS ORDERED TO BE PAID AS COMPENSATION TO THE RESPONDENT, VIDE ANNEXURE-B.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
None present on behalf of the revision petitioner. Even on the last date of hearing, there was no representation on behalf of the revision petitioner.
Accordingly, revision petition is dismissed for non
prosecution.
Sd/(V SRISHANANDA) JUDGE
kcm
List No.: 2 Sl No.: 53
2 issues framed by the court
Whether to admit the criminal revision petition filed against the conviction and sentence order under Section 138 NI Act.
How to dispose of the criminal revision petition in the absence of the petitioner.
2 provisions across 2 enactments
SMT KURSHID BANU W/O VAZID ALI
SMT PARAHATHUNNISA W/O ANWAR PASHA
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
