Sri Giriyappa Vs Sri Venkatesh

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NC: 2026:KHC:15848 CRL.RP No. 757 of 2018

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.757 OF 2018 (397(Cr.PC) / 438(BNSS)

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BETWEEN:

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SRI GIRIYAPPA S/O THIMMAIAH AGED ABOUT 50 YEARS, WORKING AS GRAMA PANCHAYATH SECRETARY, CHANDRAPPA CIRCLE CHUNCHANAKUPPE VILLAGE AND POST, TAVAREKERE HOBLI BENGALURU - 562 130.

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&PETITIONER

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(BY SRI. AKRAM PASHA K, ADVOCATE)

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AND:

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Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

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SRI VENKATESH S/O LATE NARAYANAPPA, AGED ABOUT 38 YEARS, R/AT NO. 38, CMC COMPLEX, NEW CIRCLE, YELAHANKA BENGALURU - 560 064.

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(RESPONDENT 3SERVED)

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&RESPONDENT

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE ORDER DATED 30.11.2015 PASSED BY THE II ADDITIONAL CIVIL JUDGE AND J.M.F.C., MAGADI IN C.C.No.331/2014 AND THE JUDGMENT DATED 11.12.2017 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA IN CRL.A.No.39/2015.

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NC: 2026:KHC:15848 CRL.RP No. 757 of 2018

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HC-KAR

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

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL ORDER

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Heard Sri Akram Pasha, learned counsel for the revision petitioner. Respondent is served with the notice of the revision petition; but remained absent.

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Accused who suffered an order of conviction in C.C.No.331/2014, on the file of II Additional Civil Judge and JMFC., confirmed in Crl.A.No.39/2015, on the file of III Additional District and Sessions Judge, Ramanagara is the revision petitioner.

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

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3.1. In respect of the dishonored cheque issued by the accused towards the repayment of the hand loan in a sum of Rs.2,50,000/-, bearing No.841197, dated 24.07.2014, drawn on Cauveri Kalpatharu Gramina Bank, complainant initiated criminal prosecution by approaching the jurisdictional

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NC: 2026:KHC:15848 CRL.RP No. 757 of 2018

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HC-KAR

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Magistrate by filing a private complaint under Section 200 of Code of Criminal Procedure.

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Learned Trial Magistrate after due trial, convicted the accused, noting the fact that there is no defence evidence placed on record to rebut the presumption available with the complaint under Section 139 of the Negotiable Instruments Act.

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Accused approached the First Appellate Court by filing an appeal in Criminal Appeal No.39/2015, which was dismissed by the learned judge in the First Appellate Court after re-appreciating the material on record.

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Being further aggrieved by the same, accused is before this Court.

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Sri Akram Pasha, learned counsel for the revision petitioner reiterating the grounds urged in the revision petition would contend that repayment was made, but there is no receipt available with the accused and he believed the words of the complainant. Therefore, conviction of the accused is improper and sought for allowing the revision.

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Such a contention on the part of the accused cannot be countenanced in law especially when the accused is required

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NC: 2026:KHC:15848 CRL.RP No. 757 of 2018

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HC-KAR

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to lead rebuttal evidence and he has failed to do so. Crossexamination of complainant did not yield any material so as to rebut the presumption available to complainant under Section 139 of Negotiable Instruments Act.

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Under such circumstances, conviction of the accused for the offence punishable under Section 138 of the Negotiable Instruments Act passed by learned Trial Magistrate, confirmed by the First Appellate Court needs no interference as there is no positive evidence to prove the plea of discharge.

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