- 1 - HC-KAR NC: 2026:KHC:30190 CRL.RP No. 1408 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.1408 OF 2024 BETWEEN: 1. SRI. CHANDRASHEKAR, S/O LATE GOVINDAPPA, AGED ABOUT 61 YEARS, R/AT NO.36, 8TH CROSS LAKSHMI LAYOUT, MARATHALLI, BENGALURU-560037. NOW CHANGED TO NO.43, AASHRITHA, HONEYWELL SILK FARM, BIDARAGUPPE, BENGALURU-562107. …PETITIONER (BY SRI. JANARDHANA G., ADVOCATE) AND: 1. SRI. K. RAVINDRA CHANDRA REDDY, S/O LATE K. RAMACHANDRA REDDY, AGED ABOUT 60 YEARS, 1ST CROSS, SRIVEN HEIGHTS, LAKSHMI LAYOUT, MUNNEKOLALA, MARATHALALI, BENGALURU-560037. …RESPONDENT (BY SRI. P.N. NANJA REDDY, ADVOCATE) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30190 CRL.RP No. 1408 of 2024 THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.PC (FILED U/S 438 R/W 442 BNNS) PRAYING TO SET ASIDE THE ORDER PASSED BY THE 72ND ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU (CCH-73), DISMISSING THE CRL. APPEAL NO.25063/2024 DATED 17.08.2024 FILED BY HIM AGAINST THE ORDER OF CONVICTION PASSED BY THE 34TH ADDL. CMM, MAYO HALL, BENGALURU, WHO HAS CONVICTED HIM IN C.C.NO.55410/2021 DATED 08.01.2024 FOR THE ALLEGED OFFENSE COMMITTED BY THE PETITIONER UNDER SECTION 138 OF THE N.I. ACT AND CONSEQUENTLY SET ASIDE THE ORDER OF THE LEARNED MAGISTRATE AND TO DISMISS THE COMPLAINT OF THE RESPONDENT. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER The learned counsel for the revision petitioner submits that the conditional order of suspension of sentence dated 12.02.2025 is not complied with. The matter was earlier referred to the mediation and the report says that the petitioner did not turn up. 2. Having perused the order impugned, the Trial Court in paragraph No.25, made an observation that the complainant paid the hand loan of Rs.5,00,000/- to the accused for his domestic needs and for repayment of loan amount, the accused has issued Ex.P.1 cheque. The accused also admitted that he - 3 - HC-KAR NC: 2026:KHC:30190 CRL.RP No. 1408 of 2024 has issued the signed cheque as per Ex.P.1 and the same is taken note of by the Trial Court in paragraph No.28. The Trial Court also made an observation that there is no rebuttal evidence and the accused can place rebuttal evidence, but no such rebuttal evidence is placed on record, except admitting the issuance of cheque. Though the accused got examined himself as D.W.1, no document is placed before the Court and not rebutted the evidence of the complainant under Section 139 of the Negotiable Instruments Act. The Appellate Court also having re-assessed the material available on record, taken note of admission on the part of D.W.1 in the cross- examination in paragraph No.25 and nothing is elicited from the mouth of P.W.1 and not rebutted the evidence of the complainant. Having taken note of the same, no ground is made out to admit the revision petition. Hence, the revision petition is dismissed. Sd/- (H.P.SANDESH) JUDGE MD List No.: 2 Sl No.: 16