- 1 - HC-KAR NC: 2026:KHC:26868 CRL.RP No. 858 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.858 OF 2026 BETWEEN: 1. H.S. JAYAKUMAR SON OF LATE SIDDAPPA AGED ABOUT 46 YEARS RESIDING AT VALAGERE VILLAGE KASABA HOBLI NANJANGUD TALUK-571 301. WORKING ADDRESS: H.S.JAYAKUMAR PROPRIETOR: VASIJA AND CO. NEW NO.4, 4TH CROSS MAJID ROAD, NAZARBAD MYSURU-57. …PETITIONER (BY SRI. B.SHARATH KUMAR, ADVOCATE) AND: 1. M.R. CHANDRU S/O RAJAPPA AGED ABOUT 41 YEARS RESIDING AT MALLAPURA VILLAGE BILIGERE HOBLI NANJANGUD TALUK-571 301. …RESPONDENT Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26868 CRL.RP No. 858 of 2026 THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGEMENT AND ORDER OF SENTENCE DATED 12.06.2024 PASSED IN CC.NO.1107/2017 BY THE II ADDL. CIVIL JUDGE AND JMFC, AT NANJANGUD AND ALSO SET ASIDE THE JUDGEMENT AND ORDER DATED 10.02.2026 PASSED IN CRL.A.NO.245/2024 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE, AT MYSURU, BY ALLOWING THIS RP AND ACQUIT THE ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT AND AWARDING COSTS TO 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 and I have heard learned counsel for the petitioner. 2. The brief facts of the case of the complainant is that the complainant and the accused are acquainted for a long time and out of the said acquaintance, the accused in the month of August, 2016 has borrowed Rs.2,50,000/- for his business needs and urgent necessities, after receiving the said amount, the accused had promised the complainant that he will repay the amount within one year and for the security of the said amount, the accused has issued a post dated Cheque dated 08.03.2017 and told the complainant to present the Cheque. - 3 - HC-KAR NC: 2026:KHC:26868 CRL.RP No. 858 of 2026 When the said Cheque was presented, it was returned with an endorsement ‘funds insufficient’. Hence, the complainant issued legal notice to accused on 12.04.2017 and the notice returned with endorsement ‘addressee left’. As such, the accused has committed the offence under Section 138 of N.I. Act. 3. The Trial Court having considered the material available on record, particularly in the cross-examination of D.W.1, he categorically admitted the signature in Ex.P1 and also even the handwriting available in Ex.P1. He also admits that cheque belongs to his account and the amount is mentioned as Rs.1,00,000/- and that when the cheque was presented, the same was dishonored and the endorsement was issued. The same is taken note of by the Trial Court in paragraph No.27 of the judgment, wherein the said admission is given. 4. Aggrieved by the judgment of the Trial Court, an appeal was filed before the First Appellate Court and First Appellate Court also taking note of evidence available on record, particularly admissions, extracted the same in paragraph No.12. When such being and clear admission is - 4 - HC-KAR NC: 2026:KHC:26868 CRL.RP No. 858 of 2026 given with regard to issuance of Cheque, amount mentioned in the cheque as well as the same is in his handwriting and the cheque was also bounced, question of entertaining the revision petition does not arise and the scope of revision is very limited. Hence, the very admission takes away the case of the revision petitioner. Accordingly, revision petition is dismissed. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 46