- 1 - HC-KAR NC: 2026:KHC:26507 CRL.RP No. 535 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.535 OF 2026 BETWEEN: MRS. KEERTHI KIRAN W/O SATHISH PRABHU AGED ABOUT 47 YEARS R/AT SRINIDHI, GURJI CENTRE MANNAGUDDA MANGALURU-575003 INTER-ALIA KEERTHI'S DENTAL CLINIC NEAR PLATINUM THEATRE FALNNIR MANGALURU-575001 …PETITIONER (BY SRI KISHORE KUMAR, ADVOCATE) AND: MRS. JACINTHA PHILOMINA VIVIAN PEREIRE W/O LATE VIVIAN JERALD PERIAR AGED ABOUT 57 YEARS PRESENTLY R/AT C/O AREEJA VEGITABLE OIL AND DERIVATIVES ASCO POST BOX NO.22/RUSSAY 1 POSTAL CODE 124 MUSCAT PERMANENT ADDRESS FLAT NO.202/203, CHARMAS ENCLAVE Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26507 CRL.RP No. 535 of 2026 7TH CROSS, BEJAI NEW RAOD MANGALURU-575004 REP. BY HER GPA FLAVIE GENVIE FERNANDES W/O JOEL FRANCIS ASHOK FERNANDIS AGED ABOUT 49 YEARS R/AT D.NO.4-16 CHARM COTTAGE BEJAL NEW ROAD BEJAL POST MANGALOURE 575004 …RESPONDENT (BY SRI AJAY PRABHU M, ADVOCATE) THIS CRL.RP IS FILED U/S. 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE COURT OF IV JMFC MANGALURU IN C.C.NO.471/2025 DATED 16.04.2025 FOR THE OFFENCE U/S 138 OF N.I ACT 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 learned counsel appearing for the respective parties. 2. This revision is filed against the concurrent finding of both the Courts. 3. The factual matrix of the case the complainant before the trial Court is that the accused is a Dentist by - 3 - HC-KAR NC: 2026:KHC:26507 CRL.RP No. 535 of 2026 profession and running her dental clinic at Falnir, Mangaluru. The accused and complainant as well as her now deceased husband-Vivian Pereira had known each other as friends and well-wishers for several years. On foundation of the said friendship, somewhere towards the end of 2017, the accused has approached the complainant and her now deceased husband Vivian Pereira and they requested them to invest a sum of Rs.42,85,362/- in setting up her new dental clinic known as “Keerthi Dental Clinic” at Falnir and promised to pay good returns for their said investment by way of profit sharing in the ratio of 40%:60%. That is 40% of the profit arising out of the said clinic to the complainant and her husband and 60% to the accused. As the complainant and her husband wanted to augment their income and also having regard to their long standing friendship with the accused, they have agreed to invest the said sum of Rs.42,85,362/-. In between 2017 and 2020, the complainant and her now deceased husband have invested a sum of Rs.42,85,362/-. Both of them were in touch with each other over the phone in the year 2018 and 2019 to enquire about the profits of her dental clinic and to ask for their 40% share in the same and the accused kept telling them that - 4 - HC-KAR NC: 2026:KHC:26507 CRL.RP No. 535 of 2026 full-fledged operations had not yet begun in her dental clinic and there were no profits available. The complainant and her husband believed the same, when she went on saying the same. When the husband of the complainant passed away on 01.03.2021, the complainant became the sole breadwinner for her family consisting of herself and her two children and she was burdened with responsibility. Hence, approached the accused and accused had acknowledged to repay the amount and took time. In terms of document at Ex.P12, an agreement of understanding came into existence. Cheques were given and the said cheques were bounced. Thus, the complainant issued the legal notice and the same was served but did not comply with the demand of the complainant. Hence, the complaint was filed. 4. The Trial Court taken the cognizance. The Trial Court having considered the evidence of the complainant comes to the conclusion with regard to the transaction between the parties considering the document of Ex.P12 that accused has committed an offence punishable under Section 138 of N.I. Act and convicted and sentenced the accused. The said judgment - 5 - HC-KAR NC: 2026:KHC:26507 CRL.RP No. 535 of 2026 was challenged before the appellate court. The appellate court also considering the material on record, confirmed the judgment of the Trial Court. 5. The counsel appearing for the revision petitioner would vehemently contend that the issuance of cheque is not towards any liability, thus, there was no any legal liability to pay the amount. The counsel would vehemently contend that amount was invested for the business that too on the profit basis. Hence, it will not attract Section 138 of N.I. Act. The counsel also would vehemently contend that both the Courts have not appreciated the factual aspects in a proper perspective and the very approach of both the Courts is erroneous. Thus, the impugned order suffers from its legality and correctness. The counsel also would vehemently contend that the respondent has not proved Ex.P12-memorandum of understanding by examining the witnesses. Thus, the Trial Court and the Appellate Court ought to have acquitted the accused. The counsel also would vehemently contend that in the reply notice, the revision petitioner had taken specific - 6 - HC-KAR NC: 2026:KHC:26507 CRL.RP No. 535 of 2026 defence that when there is no legally recoverable debt, the question of making the payment does not arise. 6. Per contra, the counsel appearing for the respondent would vehemently contend that this argument is advanced before this court for the first time. The very transaction between the parties is not in dispute and investment is also not in dispute and entering into an agreement in terms of Ex.P12 is also not in dispute. The counsel would vehemently contend that in order to prove the defence of the accused nothing was placed on record except examining herself as DW1. The counsel appearing for the respondent also would vehemently contend that the scope of revision is very limited. When there is an agreement as per Ex.P12 and in pursuance of the agreement, cheques were issued and liability was acknowledged, now cannot contend that the same is not a legally enforceable debt. 7. Having heard the learned counsel appearing for the respective parties and considering the material and record, it is not in dispute that an investment was made to the tune of Rs.42,85,000/- by the complainant. It is also not in dispute that - 7 - HC-KAR NC: 2026:KHC:26507 CRL.RP No. 535 of 2026 the dental clinic was started by the accused with the fund of Rs.42,85,000/- which was paid by the complainant. When the profit was not paid, on demand, subsequent to the death of the husband of the complainant, an agreement was entered in terms of Ex.P12. Consequent upon Ex.P12 only, the cheques were issued. When liability was acknowledged in terms of the document at Ex.P12 and also cheques were issued, now the petitioner cannot contend that there was no liability since issuance of cheque is not disputed and signature is also not disputed and bouncing of cheques is also not disputed. The contention that it was only an investment and not the liability. The said contention cannot be accepted. Once it is admitted that amount was invested in the business of the accused and though agreed to pay 40% of profit from the said business, whether that 40% was paid or not is immaterial when the cheque was acknowledged by the accused. Hence, there is no perversity in the order of both the Courts. The very contention of the counsel for the petitioner that both the Courts have committed an error cannot be accepted. Hence, I do not find any substance in the contention of the counsel of the petitioner that there is no legal liability but it comes within the purview of - 8 - HC-KAR NC: 2026:KHC:26507 CRL.RP No. 535 of 2026 Section 138 of N.I. Act once issued the Cheque acknowledging the liability. Hence, I do not find any ground to admit the revision petition. 8. In view of the discussions made above, I pass the following: ORDER The revision petition is dismissed. Sd/- (H.P.SANDESH) JUDGE SN