M/S Akash Shop and Save Firm v. Sri G v Giri
Case brief
What is this about?
CRL.RP No.696/2026, High Court of Karnataka at Bengaluru, H.P.SANDESH, J., decided 03.06.2026. Criminal revision u/S 397 r/w 401 Cr.PC (filed u/S 438 r/w 442 BNSS) against concurrent conviction u/S 138 NI Act in C.C.No.120/2022, confirmed in Crl.A.No.5044/2024 — DISMISSED. Post-dated cheque dated 30.5.2019 for Rs.5,00,000/- dishonoured with endorsement 'funds insufficient'; legal notice served, payment not made. Defence of chit transaction with one Shekhar unsubstantiated — no documents, no chit member examined, no rebuttal evidence; cheque issuance and signature undisputed. Keywords: Section 138 NI Act, criminal revision, concurrent findings, rebuttal evidence, chit transaction, dishonour of cheque.
What did the court decide?
The defence of a transaction with Shekhar/chit was not substantiated: except oral evidence nothing was placed on record, no member of the chit run by Shekar was examined, and no document was placed before the Court showing membership of the chit; both the trial Court and the appellate Court noted that no material besides oral evidence was produced, and there was no rebuttal evidence.