- 1 - HC-KAR NC: 2026:KHC:23150 CRL.RP No. 1530 of 2022 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. 1530 OF 2022 BETWEEN: SRI H D SURESHA, S/O DEVENDRAPPA GOWDA, AGED ABOUT 50 YEARS OCC: AGRICULTURIST R/O BATTEMALLAPPA ANANDAPURAM ROAD NEAR BAYAN WINE SHOP HOSANAGARA TALUK SHIVAMOGGA DISTRICT - 577 418. PRESENTLY R/AT GANTINAKOPPA HARIDRAVATHI POST SAGAR TALUK - 577 412, SHIVAMOGGA DISTRICT. …PETITIONER (BY SRI PRUTHVI WODEYAR, ADVOCATE) AND: SRI NAGABUSHAN N V., S/O VEERABHADRAPPA GOWDA, AGED ABOUT 50 YEARS, RA/T NALLIKOPPA, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23150 CRL.RP No. 1530 of 2022 SAGARA TALUK, SHIVAMOGGA DISTRICT - 577 417. …RESPONDENT (BY SRI BIMBADARA H M., ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER OF CONVICTION PASSED BY THE COURT OF V ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA SITTING AT SAGAR IN CRIMINAL APPEAL NO.10030/2021 DATED 08.09.2022, CONFIRMING THE ORDER OF CONVICTION PASSED BY THE ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, SAGAR IN C.C.NO.264/2017 DATED 15.11.2021 FOR THE OFFENCE P/U/S 138 OF THE N.I ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2026:KHC:23150 CRL.RP No. 1530 of 2022 ORAL ORDER Heard Sri.Pruthvi Wodeyar learned counsel for the petitioner and Sri.H.M.Bimbadara learned counsel for the respondent. 2. Though the matter is listed for admission, it is taken up for final disposal as the parties failed to settle the matter amicably before the Lok Adalat. 3. Petitioner is the accused, who suffered an order of conviction for the offence punishable under Section 138 of the Negotiable Instruments Act in CC No.264/2017, confirmed in Crl.A.No.10030/2021. 4. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under. 4.1 A private complaint under Section 200 Cr.P.C. alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments Act was lodged - 4 - HC-KAR NC: 2026:KHC:23150 CRL.RP No. 1530 of 2022 contending that petitioner obtained a sum of Rs.4,00,000/- as the financial assistance and with a promise to repay the same in a short span of time and towards the repayment a cheque bearing No.670434 was issued which on presentation came to dishonored. 4.2 There was no compliance to the callings of notice. Therefore, action was sought. 4.3 Learned Trial Magistrate after completing the necessary formalities recorded the plea and held the trial as accused denied the plea. 4.4 Complainant got examined himself and placed on record five documents and accused also got examined himself as DW1 by contending that the cheque was given as security which has been misused by the complainant. 4.5 Learned Trial Magistrate noted that the defence evidence in the form of oral testimony of DW1 is not probabilised which would rebut the presumptions available - 5 - HC-KAR NC: 2026:KHC:23150 CRL.RP No. 1530 of 2022 to the complainant under Section 139 of the Negotiable Instruments Act and convicted the accused to pay a sum of Rs.4,25,000/- as the fine amount of which Rs.4,20,000/- was ordered to be paid as compensation as against the cheque amount of Rs.4,00,000/-. 4.6 Order of conviction and sentence was challenged before the First Appellate Court in Crl.A.No.10030/2021. Learned Judge in the First Appellate Court on re-appreciation of the material on record, dismissed the appeal. Thereafter, petitioner is before this Court. 5. Sole ground on which the revision petitioner is seeking the order of the Trial Magistrate confirmed by the First Appellate Court is to be set aside is that the cheque was given as a security and therefore, it did not carry any legally recoverable debt. - 6 - HC-KAR NC: 2026:KHC:23150 CRL.RP No. 1530 of 2022 6. The said defence is no longer available to the accused in view of the authoritative principle of law enunciated by the Hon'ble Apex Court in the case of SRIPATHI SINGH vs. STATE OF JHARKHAND reported in (2022) 18 SCC 614. 7. Accordingly, this Court does not find any grounds whatsoever much less good grounds to interfere with the order of the Trial Magistrate confirmed by the First Appellate Court. 8. Hence, the following: ORDER Revision petition is dismissed. Sd/- (V SRISHANANDA) JUDGE DS List No.: 2 Sl No.: 17