Sri.Madhu H.V. Vs Smt.Thimmakka — Cheque Dishonour | Karnataka HC (2026)

Sri.Madhu H.V. Vs Smt.Thimmakka — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

No acquittal pronounced; revision petition disposed of on the petitioner's memo undertaking to pay the balance of Rs.5,00,000/- in four monthly installments of Rs.1,25,000/- each (31.03.2026, 30.04.2026, 31.05.2026, 30.06.2026), with default of any installment entailing imprisonment as ordered by the Trial Magistrate and confirmed by the First Appellate Court, and the amount in deposit released to the complainant under due identification.

Issue for consideration

Whether the revision petition seeking to set aside the conviction and sentence under Section 138 of the Negotiable Instruments Act and to acquit the petitioner/accused should be allowed or otherwise disposed of.

Court's answer

The revision petition stands disposed of, the Court placing on record the memo filed by learned counsel for the revision petitioner undertaking to pay the balance of Rs.5,00,000/- in four months.

Ratio / Principle

If the compensation amount is not paid in installments as agreed in the memo and there is default in payment of any one installment, the revision petitioner shall undergo the imprisonment ordered by the learned Trial Magistrate and confirmed by the First Appellate Court.

Key takeaways

The amount in deposit is ordered to be withdrawn by the complainant under due identification.ratio¶45

Detailed headnote1 paragraphs

Criminal Revision Petition No. 800 of 2022, High Court of Karnataka at Bengaluru, decided 09.03.2026 (coram: Hon'ble Mr. Justice V Srishananda). Revision under S.397 r/w 401 Cr.P.C. by the accused (Sri. Madhu H.V.) against his conviction and sentence for the offence punishable under S.138 of the Negotiable Instruments Act in C.C.No.24525/2014 dated 06.03.2018 (Learned Small Causes Judge and XXVI Addl. C.M.M., Bengaluru), confirmed by the judgment and order dated 06.04.2021 in CRL.A.No.2196/2018 (LXV Additional City Civil and Sessions Judge, Bengaluru); prayer to set aside both judgments, acquit the petitioner and award exemplary cost. None appeared for the respondent (Smt. Thimmakka). At the admission stage, learned counsel for the revision petitioner filed a memo undertaking to pay the balance of Rs.5,00,000/- in four monthly installments of Rs.1,25,000/- each falling due on 31.03.2026, 30.04.2026, 31.05.2026 and 30.06.2026. Placing the memo on record, the Court disposed of the revision petition, made clear that default in payment of any one installment would entail the revision petitioner undergoing the imprisonment ordered by the learned Trial Magistrate and confirmed by the First Appellate Court, and ordered withdrawal of the amount in deposit by the complainant under due identification.

1 -

NC: 2026:KHC:14026 CRL.RP No. 800 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 800 OF 2022

BETWEEN:

SRI.MADHU H.V. SON OF VENKATAPPA AGED ABOUT 44 YEARS R/AT HAGADADEVANPURA VILALGE ALUR POST DASANAPURA HOBLI, BENGALURU NORTH TLAUK PIN CODE 562 162

…PETITIONER

(BY SRI. P.M. GOPI, ADVOCATE FOR

SRI. SIDDAMALLAPPA P.M., ADVOCATE)

AND:

SMT.THIMMAKKA

Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

WIFE OF ANJANAPPA

AGED ABOUT 64 YEARS

R/AT GOVINDAPURA VILLAGE MATHAHALLI POST DASANPURA HOBLI, BENGALURU NORTH TALUK PIN CODE - 562 123

…RESPONDENT

(BY SRI. BHAT SHANKAR SHIVARAM, ADVOCATE)

THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT, CONVICTION AND SENTENCE PASSED IN

2 -

NC: 2026:KHC:14026 CRL.RP No. 800 of 2022

HC-KAR

C.C.NO.24525/2014 DATED 06.03.2018 PASSED BY THE LEARNED SMALL CAUSES JUDGE AND XXVI ADDL.C.M.M., BENGALURU AND THE JUDGMENT AND ORDER DATED 06.04.2021 PASSED IN CRL.A.NO.2196/2018 PASSED BY THE LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND THEREBY ORDER TO ACQUIT THE PETITIONER / ACCUSED FOR THE OFFENCE P/U/S 138 OF NEGOTIABLE INSTRUMENTS ACT IN C.C.NO.24525/2014 BY ALLOWING THE ABOVE PETITION WITH EXEMPLARY COST.

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

None appears for the respondent.

After addressing the arguments for some time, a

memo came to be filed by learned counsel for the revision petitioner. Memo reads as under:

“ The above named petitioner undertakes to pay the balance of Rs.5,00,000/- in four months. Payment details are as follows:

1. Rs.1,25,000/- on 31.03.2026.

(One lakh twenty five thousand only)

2. Rs.1,25,000/- on 30.04.2026.

3. Rs.1,25,000/- on 31.05.2026.

4. Rs.1,25,000/- on 30.06.2026.

As per the memo, petition may be disposed of in the interest of justice and equity.”

3 -

NC: 2026:KHC:14026 CRL.RP No. 800 of 2022

HC-KAR

Placing the memo on record, revision petition

stands disposed of.

It is made clear that if the compensation amount is

not paid in installment as agreed in the memo and if there is any default in payment of any one of the installment, revision petitioner shall undergo imprisonment ordered by the learned Trial Magistrate confirmed by the First Appellate Court.

Amount in deposit is ordered to be withdrawn by the complainant under due identification.

Sd/(V SRISHANANDA) JUDGE

KAV CT:SG List No.: 1 Sl No.: 30