- 1 - HC-KAR NC: 2026:KHC:12961 CRL.RP No. 353 of 2021 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. 353 OF 2021 (397(Cr.PC) / 438(BNSS) BETWEEN: SRI PRASANNA KUMAR K S/O Y.K. KAMBAIAH AGED ABOUT 51 YEARS R/A ANANDA NILAYA BAIRAVESHWARA PRASANNA NO.115/2, 5TH LINK ROAD NEAR SIDDHI VINAYAKA TEMPLE KATHRAGUPPE, BANGALORE - 560 085. …PETITIONER (BY SRI LEELADHAR H.P, ADV.) AND: SRI ANIL KUMAR J.V S/O VENKATE GOWDA AGED ABOUT 32 YEARS R/A NO.414/415 KAVERI EXTENSION BEHIND VIVIEKANANDA ASHRAMA WHITEFIELD ROAD, HOODY BANGALORE - 560 048. …RESPONDENT (RESPONDENT SERVED) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO 1.SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 18.03.2017 PASSED BY THE LVIII A.C.M.M., MAYO HALL UNIT, BENGALURU CITY IN C.C.NO.51665/20132. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12961 CRL.RP No. 353 of 2021 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri Leeladhar H.P, advocate for the petitioner. Respondent served with the notice of the revision petition remained absent. 2. Revision petitioner is the accused who suffered an order of conviction in C.C.No.51665 of 2013 confirmed in Criminal Appeal No.25056 of 2017. 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: In the respect of a dishonored cheque said to have been issued by the accused, criminal prosecution was launched by filing a private complaint under Section 200 Cr.P.C, The trial Magistrate after completing the necessary formalities recorded the plea and thereafter recorded the evidence of the complainant and accused and convicted the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'N.I. Act') and - 3 - HC-KAR NC: 2026:KHC:12961 CRL.RP No. 353 of 2021 imposed fine of ₹.1,50,000/- of which ₹.1,45,000/- was ordered to be paid as compensation, which was confirmed in Criminal Appeal No.25056 of 2017. 4. Being aggrieved by the same, accused has filed the present revision petition. 5. Sri Leeladara H.P, learned counsel for the revision petitioner reiterated the grounds urged in the revision petition vehemently contented that the Ex.P1 cheque was lost by the accused and same has been misused by the complainant for filing the false case against the accused and sought for allowing the revision position. 6. He would further contend that, there is a clear admission in the evidence of PW1 that the complainant himself has filled the necessary details in the cheque and accept the signature that is found in the cheque. 7. To substantiate the said contention of the accused, there is no documentary evidence placed on record, no complaint to the police is filed nor stop payment is issued by the accused to his banker. - 4 - HC-KAR NC: 2026:KHC:12961 CRL.RP No. 353 of 2021 8. Further, there is no bar to fill up the remaining columns in the cheque. When once the cheque is belonging to the accused and signature found therein is that of the accused, the Magistrate is entitled to raise the statutory presumption under Section 139 of the N.I. Act. 9. No doubt said presumption is a rebuttable presumption. To rebut the said presumption, there is no documentary evidence placed on record except the oral testimony. The said oral testimony is not sufficient to rebut the presumption. 10. Further, assuming that a lost cheque is in the custody of the complainant, how does he know the details of the accused, his residential address for issuing the statutory notice is a question, that remains unanswered on behalf of the accused. 11. Accordingly, the learned trial Magistrate and learned Judge in the First Appellate Court were justified in recording the order of conviction and sentence. - 5 - HC-KAR NC: 2026:KHC:12961 CRL.RP No. 353 of 2021 12. Hence, following:- ORDER Criminal Revision Petition is merit less and hereby dismissed. Sd/- (V SRISHANANDA) JUDGE NMS List No.: 1 Sl No.: 30