- 1 - NC: 2025:KHC:17718 CRL.RP No. 1263 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL REVISION PETITION NO. 1263 OF 2018 BETWEEN: SRI. MEHUL J. PATEL AGED ABOUT 49 YEARS S/O JAGADISH A. PATEL R/AT. No.982, E & F BLOCK PANCHAMANTRA ROAD KUVEMPUNAGAR MYSURU-563 201 …PETITIONER (BY SRI. MUKKANNAPPA S.B., ADVOCATE) AND: M/S. HEMAJINI CREDIT CORPORATION (REGD) No.1131/A, 44 DR. AMBEDKAR ROAD CHAMARAJAPURAM MYSURU-563 201 REPRESENTED BY SRI. P. SURESH ALVA …RESPONDENT (BY SMT. RACHANA GANESH K., ADVOCATE FOR SRI. MANMOHAN P.N., ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 11.05.2018 PASSED IN C.C.No.2209/2008 BY THE V ADDITIONAL I CIVIL JUDGE, MYSURU AND AS WELL AS THE JUDGMENT AND ORDER DATED 17.10.2018 PASSED IN CRL.A.No.115/2018 BY THE Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17718 CRL.RP No. 1263 of 2018 III ADDITIONAL SESSIONS JUDGE, MUYSURU AND CONSEQUENTLY PASS AN ORDER OF ACQUITAL OF THE PETITIONER FROM THE ALLEGED CHARGES UNDER THE FACTS AND CIRCIMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER The petitioner in this revision petition has assailed the order passed in Crl.A.No.115/2018 dated 17.10.2018 by the III Additional Sessions Judge, Mysuru, (hereinafter referred to as 'the First Appellate Court' for brevity), whereby the First Appellate Court, dismissed the appeal filed by the revision petitioner and confirmed the judgment of conviction and order of sentence passed in CC No.2209/2008 dated 11.05.2018 by the V Additional Civil Judge, Mysuru, (hereinafter referred to as 'the Trial Court' for brevity). 2. For the purpose of convenience, the parties are referred to as per their ranking before the trial Court. - 3 - NC: 2025:KHC:17718 CRL.RP No. 1263 of 2018 3. Brief facts of the case are that, the complainant is a partnership firm and had filed a private complaint against the accused for the offences punishable under Section 200 of Cr.PC and Section 138 of the Negotiable Instruments Act, 1881 ('NI Act' for short) for dishonour of a cheque bearing No.J20900 dated 26.06.2006 for a sum of Rs.11,43,008/-. Before the trial Court, the complainant- Company examined its Officer as PW-1 and got marked twelve documents as Exs.P1 to P12. However, the accused himself has examined as DW-1. After assessment of the oral and the documentary evidence, the Trial Court convicted the accused for the offence punishable under Section 138 of the NI Act and sentenced him to pay fine of Rs.11,63,008/- and in default, to undergo simple imprisonment for 9 months. It was ordered that Rs.11,58,008/- shall be paid to the complainant and rest of the amount to be remitted to the State Treasury. Aggrieved by the said judgment and order of sentence, the accused approached the First Appellate Court in Crl.A.No.115/2018. The First Appellate Court, after - 4 - NC: 2025:KHC:17718 CRL.RP No. 1263 of 2018 reassessment of the evidence on record, confirmed the conviction order passed by the Trial Court and thereby, dismissed the appeal filed by the accused. Challenging the same, the petitioner/accused is before this Court. 4. I have heard Sri Mukkannappa S.B., learned counsel for the petitioner/accused and Smt. Rachana Ganesh K., learned counsel for Sri Manmohan P.N., learned counsel for the respondent/complainant. 5. Apart from raising several other contentions on merits of the case, learned counsel for the petitioner fairly submits that, this revision petition may be disposed by permitting the respondent/complainant to withdraw the fine amount deposited by the petitioner as per the order of the Trial Court. In that view of the matter, without delving into the merits of the case, the revision petition is disposed of. The respondent/complainant is permitted to withdraw the amount deposited by the revision petitioner/accused on due identification. - 5 - NC: 2025:KHC:17718 CRL.RP No. 1263 of 2018 Registry is directed to send the Trial Court records forthwith along a certified copy of this order. Sd/- (RAJESH RAI K) JUDGE PN List No.: 1 Sl No.: 6