- 1 - HC-KAR NC: 2026:KHC:30193 CRL.RP No. 1009 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.1009 OF 2024 BETWEEN: 1. SRINIVAS V., S/O VENKAPPA AGED ABOUT 52 YEARS, OCC: BUSINESS, NO.2578, VIMALESHWARA NILAYA, MCC ‘A’ BLOCK, 2ND FLOOR, 5TH MAIN, 5TH CROSS MACHIDEVA SAMUDAYA BHAVANA ROAD, BESIDE VISHWANATHA PHOTO STUDIO, DAVANAGERE-577002. …PETITIONER (BY SRI. M.R. HIREMATHAD, ADVOCATE - ABSENT) AND: 1. BASAVARAJAPPA, S/O HANUMANTHAPPA, AGED ABOUT 64 YEARS, AGRICULTURIST, RESIDENT OF NO.C-02, ARASAPURA VILLAGE, DAVANAGERE TALUK AND DISTRICT-577528. …RESPONDENT (BY SRI. S.G. RAJENDRA REDDY, ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGEMENT AND ORDER Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30193 CRL.RP No. 1009 of 2024 DTD 16.01.2024 IN CRL.A.NO.61/2023, PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT, PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE, CONSEQUENTLY SETTING ASIDE OF THE JUDGEMENT AND ORDER DATED 16.06.2023 IN CC.NO.2640/2020 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, DAVANAGERE. 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 Court vide order dated 19.08.2024 passed the conditional order while suspending the sentence and the said conditions are not complied with. 2. The learned counsel for the respondent who is present before the Court also reiterates that the said order is not complied with. 3. When the matter was listed on 12.12.2024, the learned counsel for the revision petitioner was absent and the learned counsel for the respondent made the submission that the interim order passed by this Court is not complied. Hence, the respondent was given liberty to execute the impugned order. On 21.07.2025, the matter was referred to the mediation and mediation report is also received that the - 3 - HC-KAR NC: 2026:KHC:30193 CRL.RP No. 1009 of 2024 petitioner never appeared before the Mediation Centre for a period of 60 days. 4. The learned counsel for the revision petitioner is absent today. On perusal of the records, it discloses that concurrent finding is given and the revision petitioner not led any defence evidence, not rebutted the evidence of the complainant, not disputed the issuance of cheque and even not disputed the purchase of paddy worth of Rs.1,64,785/-. But he has stated that he has paid the paddy amount and to establish the same, he has not produced any document. The same is taken note of in paragraph No.21 of the judgment of the Trial Court. The Appellate Court also appreciated the same while considering the appeal. The learned counsel for the revision petitioner is not pursuing the matter diligently and no ground is made out to consider the petition and hence, the revision petition is dismissed. Sd/- (H.P.SANDESH) JUDGE MD List No.: 2 Sl No.: 2