- 1 - HC-KAR NC: 2025:KHC:29627 CRL.RP No. 1662 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 1662 OF 2023 BETWEEN: SRI VIJAYA SATHYA SAAYI, S/O D. KEMPEGOWDA, AGED ABOUT 41 YEARS, R/AT NETHRAVATHI, 9TH CROSS V.V. NAGAR, KALLAHALLI EXTENSION, MANDYA - 571401. …PETITIONER (BY SMT SUMITHRA G M, ADVOCATE) AND: SRI A.G. NANJAPPA SWAMY, S/O GANGADARAPPA, AGED ABOUT 40 YEARS, R/AT NO.8, 2ND STAGE, OPP. I HIGH TENSION LINE, GOKULAM, MYSURU. …RESPONDENT (BY SRI VINOD PRASAD, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE, MYSURU IN CRL.A.NO.285/2022 DATED 21.11.2023 AND THE ORDER PASSED BY THE II ADDITIONAL CIVIL JUDGE AND J.M.F.C., MYSURU IN C.C.NO.1415/2016 DATED 06.08.2022. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29627 CRL.RP No. 1662 of 2023 ORAL ORDER This petition is filed assailing the concurrent finding in a proceeding under Section 138 of Negotiable Instruments Act. The petitioner is convicted for an offence for dishonour of cheque of Rs.5,00,000/- said to have been issued to the complainant. First Appellate Court has dismissed the appeal concurring with the finding of the Trial Court. 2. Learned counsel for the petitioner would submit that the petitioner could not present himself for the cross- examination though he led evidence in examination-in- chief on account of unavoidable circumstances, as such, the opportunity be given to the petitioner to lead evidence by remanding the matter. 3. In the alternative, it is submitted that the transaction between the petitioner and respondent is not established. The evidence that the cheque issued by the petitioner towards his son's tuition fee to the respondent/complainant though established, is not - 3 - HC-KAR NC: 2025:KHC:29627 CRL.RP No. 1662 of 2023 accepted by the Trial Court for erroneous reasons. Thus, it is urged that the impugned orders are to be set-aside. 4. Learned counsel for respondent on the other hand would submit that the petitioner's ability to hand over Rs.5,00,000/- is not doubted seriously. The respondent is a lecturer and he has rental income from the properties and the petitioner has not replied to the notice issued under Section 138 of Negotiable Instruments Act and his defence that the cheque was issued towards the tuition fee of his son is not established. 5. This Court has considered the contentions raised at the bar and perused the records. 6. The cheque in question belongs to the petitioner. The signature is not in dispute, and the signature is admitted. The respondent's avocation as a lecturer is not disputed. 7. The respondent alleges that he had lent Rs.5,00,000/- as hand loan to the petitioner who is also - 4 - HC-KAR NC: 2025:KHC:29627 CRL.RP No. 1662 of 2023 the lecturer in the same college. Since signature is not in dispute, issuance of cheque is not in dispute, the burden is on the petitioner/accused to rebut the presumption available under Section 138 of Negotiable Instruments Act. 8. Though the petitioner has put few suggestions in the cross-examination of PW-1, those suggestions are not sufficient to rebut the presumption available under Section 138 of Negotiable Instruments Act. This being the position, the petitioner was required to lead rebuttal evidence to rebut the evidence though the petitioner has filed affidavit by way of examination-in-chief, subsequently failed to subject himself for cross-examination. 9. Under these circumstances, both Courts have concurrently held that there is no rebuttal evidence on behalf of the petitioner. This court, in exercise of revisional jurisdiction does not find any reason to interfere with the impugned orders. 10. Accordingly, the revision petition is dismissed. - 5 - HC-KAR NC: 2025:KHC:29627 CRL.RP No. 1662 of 2023 11. The amount in deposit shall be released in favour of the respondent. One month time is granted to the petitioner to pay the balance amount. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 3 Sl No.: 34