Accused convicted under Section 138 NI Act for a cheque dishonoured with 'Account closed' endorsement; appeal dismissed. Revision challenged conviction claiming the cheque given to a third party was misused. Court found signature admitted, presumption unrebutted, and dismissed the revision petition.
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NC: 2026:KHC:12802 CRL.RP No. 758 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 758 OF 2020
(397(Cr.PC) / 438(BNSS)
BETWEEN:
LAXMINARAYANA HOLLA S/O MR. SHESHAPPAYYA HOLLA AGED ABOUT 57 YEARS R/O MARIKAPU VARKADI VILLAGE AND POST KASARAGOD DISTRICT - 671 323.
…PETITIONER
(BY SRI AADEESH P, ADV., FOR SRI SACHIN B.S, ADV.)
AND:
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
MR. SRIKANTH SALIAN AGED 42 YEARS S/O T.K. SUVARNA R/A GUDDI KOPLA IDYA VILLAGE, SURATHKAL MANGALURU - 575 001.
(BY SRI PAVAN H.S, ADV., FOR SRI ASHOK KUMAR SHETTY K, ADV.)
…RESPONDENT
THIS CRL.RP IS FILED U/S. CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED JUDGMENT DATED 21.08.2020 IN CRL.A.NO.41/2017 ON THE FILE OF VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU THEREBY DISMISSING THE APPEAL FILED BY THE PETITIONER AND CONFIRMING JUDGMENT OF CONVCITION AND SENTENCE DATED 30.01.2017 IN C.C.NO.5143/2012 ON THE FILE OF J.M.F.C.(IV COURT), MANGALURU FOR THE OFFENCE P/U/S 138 OF N.I. ACT AS PER DOCUMENT NO.1 AND 2 AND CONSEQUENTLY ALLOW CRL.A.NO.41/2017 FILED BY THE PETITIONER AS PRAYED FOR.
NC: 2026:KHC:12802 CRL.RP No. 758 of 2020
HC-KAR
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
counsel for the petitioner and Sri. Pavan H S, learned counsel for the respondent.
In respect of dishonored cheque issued by the accused, a complaint came to be lodged under Section 200 Cr.P.C, alleging the commission of the offence punishable under Section 138 of the N.I. Act.
NC: 2026:KHC:12802 CRL.RP No. 758 of 2020
HC-KAR
formalities recorded the evidence of the parties and on cumulative analysis of the material evidence placed on record, convicted the accused for the offence punishable under Section 138 of the N.I. Act, imposed ₹.2,62,000/- as the fine amount of which a sum of ₹.2,60,000/- was ordered to be paid as compensation to the complainant and balance amount of ₹.2,000/- towards the defraying expenses of the State.
NC: 2026:KHC:12802 CRL.RP No. 758 of 2020
HC-KAR
to Sri Venkatramana Mayya, which has been misused by the complainant. Thus, there is no legally recoverable debt under Ex.P1 and hence, sought for allowing the revision petition.
endorsement "Account closed". Legal notice issued is replied by the accused stating that there was no legally recoverable debt.
NC: 2026:KHC:12802 CRL.RP No. 758 of 2020
HC-KAR
Venkataramana Mayya, there was a Criminal case in C.C.No.1541 of 2010 and those documents were placed on record.
HC-KAR
on hand, the accused placed rebuttable evidence on record through his oral testimony and through the documents that has been placed on record which is the proceedings between Venkatramana Mayya and accused. However, said evidence is not sufficient enough to rebut the presumption available to the complainant under Section 139 of the N.I. Act. Accordingly, conviction of the accused for the offence punishable under Section 138 of the N.I. Act is just and proper, which has been rightly appreciated by the learned Judge in the First Appellate Court.
ORDER
Criminal Revision Petition is dismissed
Sd/(V SRISHANANDA) JUDGE
NMS
List No.: 1 Sl No.: 22
1 issue framed by the court
Whether the accused's rebuttal evidence sufficed to defeat the Section 139 NI Act presumption and overturn conviction under Section 138 for a dishonoured cheque.
3 provisions across 2 enactments
Laxminarayana Holla s/o Mr. Sheshappayya Holla
Mr. Srikanth Salian
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
