- 1 - NC: 2025:KHC-D:6321 CRL.RP No. 100242 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100242 OF 2024 (397(CR.PC)/438(BNSS)) BETWEEN: SRI SADASHIV S/O. RAJAPPA GANGANALLI, AGED ABOUT 52 YEARS, OCC. BUSINESS, R/O. AT 548/2B, WARD NO.5, VINAYAK NAGAR, MUDHOL, TQ. MUDHOL, DIST. BAGALKOTE. …PETITIONER (BY SMT. BHAGYASHREE N. B., ADVOCATE) AND: SRI BASAVA AGENCY, MUDHOL, TQ. MUDHOL, REPRESENTED BY ITS OWNER SRI SURESH S/O. SHANKRAPPA KONNUR, AGED ABOUT 40 YEARS, OCC. BUSINESS, R/O. SORGAVN, TQ. MUDHOL-587113, DIST. BAGALKOTE. …RESPONDENT (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS IN C.C.NO. 617/2021 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC, MUDHOL AND ALSO THE RECORDS IN CRIMINAL APPEAL NO. 5041/2023 ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE TO SIT AT JAMKHANDI, AT JAMKHANDI AND SET ASIDE THE JUDGMENT ORDER OF CONVICTION AND SENTENCE FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT DATED 21.08.2022 MADE IN C.C.NO. 617/2021 PASSED BY THE PRL. SENIOR CIVIL MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.22 14:44:07 +0530 - 2 - NC: 2025:KHC-D:6321 CRL.RP No. 100242 of 2024 JUDGE AND JMFC, MUDHOL AND ALSO THE JUDGMENT / ORDER DATED 07.03.2024 CONFIRMING THE CONVICTION AND SENTENCE IN CRIMINAL APPEAL NO. 5041/2023 PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE TO SIT AT JAMKHANDI, AT JAMKHANDI AS THE SAME BEING NOT SUSTAINABLE IN LAW. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Smt. Bhagyashree N.B. learned counsel for the revision petitioner and Sri.Shivaraja P. Mudhol, learned counsel for the respondent. 2. Accused is the revision petitioner who suffered an order of conviction in C.C.No.617/2021 confirmed in Crl.A.No.5041/2023 is the revision petitioner. 3. Accused has been convicted for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (for short, ‘the N.I.Act’) and ordered to pay fine amount of Rs.5,00,000/- of which sum of Rs.4,90,000/- is ordered to be paid as compensation and Rs.10,000/- towards the defraying expenses of the State. - 3 - NC: 2025:KHC-D:6321 CRL.RP No. 100242 of 2024 4. Facts in a nutshell for disposal of the revision petition are as under: 4.1 A complaint came to be filed under Section 200 of the Criminal Procedure Code (for short, ‘the Cr.P.C.’) alleging the commission of offence punishable under Section 138 of the N.I.Act contending that accused purchased cement bags from the shop named as Sri.Basava Agency at Mudhol, to the tune of Rs.5,52,960/- from the period 01.12.2020 to 30.12.2020. 4.2 Towards the payment of the price of the cement bags, accused said to have issued cheque bearing No.508628 dated 25.01.2021 in a sum of Rs.5,00,000/- which on presentation came to be dishonoured with an endorsement “Accounts Blocked”. 4.3 There was no compliance to the calling of legal notice and therefore, action was sought against the accused. - 4 - NC: 2025:KHC-D:6321 CRL.RP No. 100242 of 2024 5. Learned trial Magistrate after completing necessary formalities, summoned the accused and after due trial, accused has been convicted for the offence punishable under Section 138 of the N.I.Act. 6. The defence of the accused is that he had purchased cement bags about 7-8 years earlier to the present complaint and he had repaid the money. A cheque was given as security. To substantiate said aspect of the matter, there is no documentary proof placed on record. 7. In other words, plea of discharge is not established by the accused and therefore, learned trial judge raising the presumption under Section 139 of the N.I. Act, noting the fact that cheque belongs to the accused and signature found therein is that of the accused and there was no reply to the legal notice and convicted the accused. 8. Learned Judge in the First Appellate Court on re-appreciation of the material on record, maintained the order of conviction and sentence. - 5 - NC: 2025:KHC-D:6321 CRL.RP No. 100242 of 2024 9. Being further aggrieved by the same, accused is before this Court. 10. Smt.Bhagyashree N.B. learned counsel for the petitioner reiterating the grounds urged in the petition vehemently contended that both the Courts failed to note that the cheque was given as security. Therefore, there was no legally recoverable debt covered under the cheque marked at Ex.P.1 and recording an order of conviction has resulted in miscarriage of justice and sought for allowing the revision petition. 11. Per contra, Sri.Anand Bagewadi, learned counsel for the respondent/complainant supports the impugned judgement. 12. Having heard the arguments of both sides, this Court has perused the material on record meticulously. 13. On such perusal of the material on record, it is crystal clear that cheque marked at Ex.P1 belongs to the accused and signature found therein is not in dispute. According to the accused, cheque was given as security. - 6 - NC: 2025:KHC-D:6321 CRL.RP No. 100242 of 2024 He admitted the purchase of cement bags; but denied the quantity of the cement bags purchased and also contended that he had repaid the price of the cement bags. 14. To substantiate said aspect of the matter, there is no documentary evidence placed on record by the accused except oral testimony. Except the oral testimony of DW1, there is no other material on record to rebut the presumption under Section 139 of the NI Act. 15. On the contrary, GST certificate marked at exhibit P6 would establish that the sale of the cement bags to the accused and the tax payable to the Government has been included in the bills as per GST certificate. 16. Therefore, the order of conviction and sentence recorded by both the Courts does not call for any interference in this revision petition. Hence, the following order: - 7 - NC: 2025:KHC-D:6321 CRL.RP No. 100242 of 2024 ORDER (i) Revision petition is dismissed. (ii) Amount in deposit if any, is ordered to be withdrawn by the complainant under due identification. Sd/- (V.SRISHANANDA) JUDGE AC-Up to para 13 HMB – Para 14 to end. CT:PA LIST NO.: 2 SL NO.: 9