- 1 - HC-KAR NC: 2026:KHC:22943 CRL.RP No. 1616 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 1616 OF 2024 (397(Cr.PC) / 438(BNSS)) BETWEEN: SMT. S UMA W/O LATE KUMARA AGED ABOUT 49 YEARS R/AT NO 631, 1ST MAIN 3RD CROSS, ALANAHALLI LAYOUT MYSURU 570 020. …PETITIONER (BY SRI. KUMARA K G., ADVOCATE) AND: SRI KANTHARAJU K N S/O NINGEGOWDA AGEDA BOUT 43 YEARS R/AT NO.633/C, 1ST MAIN 3RD CROSS, ALANAHALLI LAYOUT MYSURU 570 020. …RESPONDENT (BY SRI. RUPESH KUMAR S., ADVOCATE) THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY IN THE COURT OF THE III ADDL. SESSIONS JUDGE, MYSURU IN CRL.A.NO.388/2023 DATED 18.04.2024 AND JUDGEMENT PASSED BY THE HON'BLE V JMFC AT MYSURU IN C.C.NO.277/2023 DATED 09.10.2023 AND ACQUIT THE PETITIONER OF THE CHARGE U/S 138 OF N.I. ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22943 CRL.RP No. 1616 of 2024 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.Kumara.K.G learned counsel for the revision petitioner and Sri.Rupesh Kumar.S learned counsel for the respondent. 2. Revision petitioner is the accused who suffered an order of conviction in CC No.277/2023 for the offence punishable under Section 138 of the Negotiable Instruments Act, confirmed in Crl.A.No.388/2023. 3. Facts in the nutshell, which are utmost necessary for disposal of the present petition are as under: 3.1 A private complaint under Section 200 Cr.P.C. came to be filed with Jurisdictional Magistrate alleging the commission of the offence under Section 138 of the Negotiable Instruments Act by contending that accused being the neighbour of the complainant, approached the - 3 - HC-KAR NC: 2026:KHC:22943 CRL.RP No. 1616 of 2024 complainant for financial assistance in the first week of March 2013 in a sum of Rs.7,00,000/- and same was lent by the complainant to the accused with a promise that accused would repay the same within a short span of time. 3.2 Towards the repayment of the said loan amount of Rs.7,00,00/-, accused issued two cheques bearing No.252002 in a sum of Rs.3,25,000/- and another cheque bearing No.252006 in a sum of Rs.1,00,000/- drawn on Oriental Bank of Commerce and a promissory note for the remaining amount of Rs.2,75,000/-. 3.3 Cheque bearing No.252002 on presentation came to be dishonoured with an endorsement 'funds insufficient' and a legal notice was issued. There was no compliance to the callings of notice and therefore, action was sought. 3.4 After due trial, learned Trial Magistrate after taking note of the material evidence placed on record - 4 - HC-KAR NC: 2026:KHC:22943 CRL.RP No. 1616 of 2024 convicted the accused, which was confirmed by the First Appellate Court. 3.5 Being further aggrieved by the same, accused is before this Court. 4. Sri.Kumara.K.G., learned counsel for the revision petitioner would submit that according to his information, for non-payment of the compensation amount ordered by the Trial Magistrate, revision petitioner was sent to custody. According to him, at that juncture the compensation amount in the present case as well as yet another case in respect of dishonour of yet another cheque in a sum of Rs.1,00,000/- was settled by the petitioner and therefore, sought for passing suitable orders in this revision petition. 5. Per contra, Sri.Rupesh Kumar.S, learned counsel for the respondent would submit that according to him, there is no instruction that the compensation amount - 5 - HC-KAR NC: 2026:KHC:22943 CRL.RP No. 1616 of 2024 in the present case having been settled and therefore, sought for passing suitable orders. 6. Having heard the arguments of both sides this Court perused the material on record meticulously. On such perusal of the material on record, it is noted that the cheques were admittedly dishonoured for want of funds. 7. In respect of cheque bearing No.252002 present case is pending and in respect of another cheque in a sum of Rs.1,00,000/- matter has ended. It is the contention of learned counsel for the petitioner Sri.Kumara.K.G. that the matter is settled amicably between the parties and as accused was sent to custody and payment has been made. 8. If it is so, nothing survives in the present petition. However, if the settlement amount does not cover the compensation amount in the present revision petition, then the respondent is at liberty to execute the order in accordance with law. - 6 - HC-KAR NC: 2026:KHC:22943 CRL.RP No. 1616 of 2024 9. With the above observations, following: ORDER (i) Revision petition is dismissed. (ii) Amount in deposit is ordered to be withdrawn by the complainant by allowing I.A.No.1/2026. Sd/- (V SRISHANANDA) JUDGE DS List No.: 2 Sl No.: 10