- 1 - HC-KAR NC: 2026:KHC:26512 CRL.RP No. 607 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.607 OF 2026 BETWEEN: PAVANKUMAR V G S/O N.V. GURUPRAKASH AGED ABOUT 33 YEARS R/A NO.69, 2ND FLOOR 3RD CROSS, K.S. COLONY 2ND MAIN, 2ND BLOCK TYAGARAJANAGARA BENGALURU-560 028 …PETITIONER (BY SRI SRIKANTH N V, ADVOCATE) AND: SRI THYAGARAJA NAGARA CREDIT CO-OPERATIVE SOCIETY LIMITED NO.258/1, 1ST FLOOR 3RD CROSS, K.S.LAYOUT 2ND MAIN, 2ND BLOCK THYAGARAJANAGARA BENGALURU-560 028 REP. BY ITS SECRETARY …RESPONDENT THIS CRL.RP IS FILED U/S 438 R/W SEC. 442 OF BNSS PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 09.01.2026 PASSED IN CRL.A.NO.939/2024 ON THE FILE OF Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26512 CRL.RP No. 607 of 2026 THE LII ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-53) AND ETC. 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 counsel appearing for the revision petitioner. 2. The factual matrix of the case of the complainant is that the complainant is a registered cooperative society. The accused and his mother were members of the said society and mother of the accused was also a member to Suvarna Chit Group-02, Hosakerehalli Branch from November 2019 to December 2020 and accused stood as surety to his mother. The mother of the accused was successful bidder of the above chit. For overdue chit installments, the accused has issued a Cheque for a sum of Rs.1,29,000/-. The complainant presented the said Cheque and it was returned as ‘funds insufficient’. Thus, the - 3 - HC-KAR NC: 2026:KHC:26512 CRL.RP No. 607 of 2026 complainant issued a notice in this regard and the same was served but accused failed to make the payment of the Cheque amount. Hence, complaint has been lodged and cognizance was taken. Accused appeared before the Trial Court. 3. On perusal of the material on record, the Trial Court comes to the conclusion that issuance of cheque is admitted and though defence was taken that cheque was given for security since the complainant-respondent was running the chit, in order to substantiate the same, no documentary proof was placed except the oral evidence. Thus, the Trial Court convicted the accused for the offence punishable under Section 138 of N.I. Act. 4. On re-appreciation of evidence available on record, the appellate Court comes to the conclusion that trial Court has not committed any error and judgment is in accordance with law and confirmed the judgment of the Trial Court. - 4 - HC-KAR NC: 2026:KHC:26512 CRL.RP No. 607 of 2026 5. In absence of any material with regard to the defence and when there is no any rebuttal evidence before the trial Court, the Trial Court comes to the conclusion that accused has not substantiated his defence by placing cogent evidence. The appellate Court also re-appreciated the material on record and confirmed the judgment of the Trial Court. Thus, there is no any perversity in the finding of both the Courts. The scope of revision is also very limited. Unless there is illegality and correctness in the finding of both the Courts, this Court cannot exercise the revisional jurisdiction. Hence, I do not find any ground to admit this revision petition. Accordingly, the petition is dismissed. 6. In view of dismissal of the petition, I.A. if any, does not survive for consideration and the same stands disposed of. Sd/- (H.P.SANDESH) JUDGE SN