- 1 - HC-KAR NC: 2026:KHC:28747 CRL.RP No. 702 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.702 OF 2025 BETWEEN: 1. SRI. MAHANTESH S/O. SRINIVASA AGED ABOUT 38 YEARS R/AT NO.179/A, 5TH MAIN VIDYA NAGAR, T.DASARAHALLI BENGALURU-560 057. …PETITIONER (BY SRI. VIJAY KUMAR K., ADVOCATE) AND: 1. THE PAVAGADA SOUHARDA MULTIPURPOSE CO-OPERATIVE LIMITED DASARAHALLI BRANCH NO.244 KALLESHWARA NILAYA 6TH MAIN, MSR ENCLAVE T. DASARAHALLI BANGALORE-560 073 REPRESENTED BY ITS BRANCH MANAGER …RESPONDENT (BY SRI. JANARDHANA REDDY, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 (FILED U/S.438 R/W SEC.442 BNSS) OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE XXVI ACMM BENGALURU IN C.C.NO.32006/2018 DATED 19.04.2022 AND FURTHER THE Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28747 CRL.RP No. 702 of 2025 JUDGMENT DATED 15.10.2024 PASSED BY THE LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-67) IN CRL.A.NO.605/2022 AND THERE ACQUIT THE PETITIONERS FROM THE CHARGES LEVEL AGAINST HIM. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER This matter is listed for consideration of I.A.No.2/2025 for condonation of delay and I.A.No.3/2025 for suspension of sentence. 2. Having considered the grounds urged in the application for suspension of sentence and also considering the material available on record, the very case of complainant is that this petitioner stood as guarantor to one Sri Manjunath N. Shetty and executed the document of Ex.P7-Letter of Guarantee and also Ex.P8-Take Delivery Note. When the Cheque issued by the accused as surety was presented, it was dishonored in terms of endorsement Ex.P3 and immediately, notice was given in terms of Ex.P4 and postal acknowledgement is also produced as per Ex.P6. The notice was also served, but no reply was given. - 3 - HC-KAR NC: 2026:KHC:28747 CRL.RP No. 702 of 2025 3. Now, learned counsel for the petitioner would submit that said Cheque was given when he availed the loan. But, the bank has given a Cheque when the amount was repaid and another Cheque was not returned and the same was misused. The fact that he was a guarantor in terms of Ex.P7 was not denied and receipt of notice was also not denied and no reply was given stating that Cheque was misused. 4. When such being the case, even though the accused led the defence evidence as D.W.1 and marked the documents Exs.D1 to D3, the same are not accepted by the Trial Court and also First Appellate Court in Criminal Appeal No.605/2022 and re- assessed both oral and documentary evidence. When the Cheque is admitted and signature is admitted and no reply was given, the defence which was taken is only an after-thought and there is no rebuttal evidence before the Court, except marking of documents Exs.D1 to D3. The same was taken note of by the First Appellate Court also, while re-appreciating the material available on record. When such being the case, I do not find any ground to admit the revision petition, as the material on record is considered by the - 4 - HC-KAR NC: 2026:KHC:28747 CRL.RP No. 702 of 2025 Trial Court as well as the First Appellate Court. The scope of revision is very limited and this Court has to examine only the legality and correctness of the judgment of the Trial Court and the First Appellate Court and the same is not warranted in the case on hand. Accordingly, the revision petition is dismissed. Consequently, I.A.Nos.2/2025 for condonation of delay and 3/2025 for suspension of sentence is also dismissed. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 14