Pavankumar v G Vs Sri Thyagaraja Nagara Credit… — Cheque Dishonour | Karnataka HC (2026)

Pavankumar v G Vs Sri Thyagaraja Nagara Credit… — Cheque Dishonour | Karnataka HC (2026)

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NC: 2026:KHC:26546 CRL.RP No. 608 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE H.P.SANDESH

CRIMINAL REVISION PETITION NO. 608 OF 2026

(397(Cr.PC)/438(BNSS))

BETWEEN:

PAVANKUMAR V G

S/O N.V. GURUPRAKASH, AGED ABOUT 33 YEARS, R/A NO.69, 2ND FLOOR, 3RD CROSS, K.S. COLONY, 2ND MAIN, 2ND BLOCK, TYAGARAJANAGARA,BENGALURU-560 028

…PETITIONER

(BY SRI. SRIKANTH N V., ADVOCATE)

AND:

Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

SRI THYAGARAJA NAGARA CREDIT CO-OPERATIVE SOCIETY LIMITED, NO.258/1, 1ST FLOOR, 3RD CROSS, K.S.LAYOUT, 2ND MAIN, 2ND BLOCK, THYAGARAJANAGARA, BENGALURU-560 028. REP. BY ITS SECRETARY

…RESPONDENT

THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED JUDGMENT DATED: 09.01.2026 PASSED IN CRIMINAL APPEAL NO. 940/2024 ON THE FILE OF LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-53) THEREBY DISMISSED THE

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NC: 2026:KHC:26546 CRL.RP No. 608 of 2026

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CRIMINAL APPEAL FILED BY THE PETITIONER BY CONFIRMING THE IMPUGNED JUDGMENT OF CONVICTION AND SENTENCE DATED: 06.05.2024 PASSED IN C.C. NO. 1835/2023 ON THE FILE OF XL ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, CONSEQUENTLY, ALLOW THE ABOVE PETITION AS PRAYED FOR.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL ORDER

This matter is listed for admission.

Heard the counsel appearing for the revision

petitioner.

The factual matrix of the case of the revision petitioner is that the complainant is a registered Cooperative Society and the revision petitioner is a member of the complainant’s Society and one of the successful bidder of the chit. The revision petitioner for the overdue chit installment amount has issued a Cheque for a sum of Rs.82,900/- in favour of complainant. When the complainant presented the Cheque for encashment, it was dishonoured on 10.06.2022 with an endorsement ‘funds insufficient’. Thereafter, the complainant issued a legal

3 - NC: 2026:KHC:26546 CRL.RP No. 608 of 2026

HC-KAR

notice to the accused on 23.06.2022 making a demand for

the said amount. Inspite of service of notice, the revision petitioner has failed to make the payment of Cheque amount. Hence, the case is registered against the revision petitioner. By consider the evidence and material available on record, the trial Court convicted the revision petitioner for the offence punishable under Section 138 of Negotiable Instruments Act,1881 (hereinafter referred to as ‘N.I. Act’ for short) in C.C.No.1835/2023 which was confirmed by the appellate Court in Crl.A.No.940/2024.

The issuance of cheque is admitted and though

defence was taken that cheque was given for security, since the complainant-respondent was running the chit. In order to substantiate that the respondent-complainant was running the chit, no material is placed except the oral evidence and no documentary proof is also placed before the trial Court. The said aspect is taken note of by the trial Court as well as the Appellate Court.

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On re-appreciation of evidence available on

record, the appellate Court comes to the conclusion that trial Court has not committed any error and judgment is in accordance with law and in the absence of any material with regard to the defence and when there is no any rebuttal evidence before the trial Court, there is no any perversity in the finding of the trial Court. The scope of revision is also very limited and also in respect of its legality and correctness, I do not find any ground to entertain this revision petition and accordingly, it is dismissed .

Sd/- (H.P.SANDESH) JUDGE

SSD

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