- 1 - HC-KAR NC: 2026:KHC:26526 CRL.RP No. 855 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.855 OF 2026 BETWEEN: 1. SRI. JUNAID PASHA S., S/O SADIQ PASHA, AGED ABOUT 30 YEARS, R/AT FORD, WARD NO.7, NEAR HOTEL GURU BHARATHI, SIDLAGHATTA TOWN, CHIKKABALLAPURA DISTRICT-562105 …PETITIONER (BY SRI. KALYAN R., ADVOCATE) AND: 1. SRI. ANSAR PASHA, S/O D. ANWAR, AGED ABOUT 42 YEARS, R/AT FIRST TMC LAYOUT, WARD NO.16, SIDLAGHATTA TOWN, CHIKKABALLAPURA DISTRICT. …RESPONDENT THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 13.03.2026 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA SITTING AT CHINTAMANI, IN CRL.A.NO.19/2025 BY ALLOWING THE APPEAL FILED BY THE APPELLANT BEFORE THE 1ST APPELLATE COURT AND CONSEQUENTLY TO SET ASIDE JUDGMENT AND Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26526 CRL.RP No. 855 of 2026 ORDER OF CONVICTION DATED 21.06.2025 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT SHIDLAGHATTA IN C.C.NO.61/2022 AND TO ACQUIT THE ACCUSED. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER This matter is listed for admission. Heard the learned counsel for the petitioner. 2. The factual matrix of the case of the complainant before the Trial Court while invoking Section 138 of Negotiable Instruments Act is that the complainant and the accused are well known to each other and on the said friendship, the accused approached the complainant in the second week of December 2021 seeking a hand loan of Rs.1,00,000/- to meet his family and legal necessities. The complainant considering his request, advanced the amount of Rs.1,00,000/- in the second week of December 2021 and the accused gave the cheque to repay the same. When the same was presented, it was dishonored with an endorsement that payment stopped by the drawer. Hence, notice was issued and inspite of notice was issued, the accused did not comply with the same and gave the - 3 - HC-KAR NC: 2026:KHC:26526 CRL.RP No. 855 of 2026 reply notice. The defence was taken during the course of cross- examination that the cheque was lost and intimation was given to the bank not to honour the same on 02.12.2021, but nothing is stated as to on which date the cheque was lost. It appears that it is nothing but an attempt made by the accused that afterthought after issuance of the cheque, gave the intimation to the bank to stop payment and no complaint is given for having lost the cheque and no specific place and date is mentioned with regard to the loss of cheque. The petitioner did not step into the witness box even to substantiate the defence, except producing the documents Exs.D.1 and 2 and even not examined himself explaining the same. When such being the case, the Trial Court convicted and sentenced the accused. 3. The Appellate Court also considering the material available on record, comes to the conclusion that when the cheque was not disputed and also once the defence was taken that cheque was lost, no steps were taken to lodge the complaint, except giving an intimation and the same was also taken note of that there is no any rebuttal evidence before the Trial Court under Section 139 of NI Act. When such being the case, I do not find any ground to admit the revision petition - 4 - HC-KAR NC: 2026:KHC:26526 CRL.RP No. 855 of 2026 and only the scope of revision petition is whether the reasoning given by the Trial Court and the Appellate Court suffers from its legality and correctness and such circumstances is not warranted and hence, the revision petition is dismissed. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 56