- 1 - HC-KAR NC: 2026:KHC:30192 CRL.RP No. 1234 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.1234 OF 2024 BETWEEN: 1. MRS. PUSHPA, W/O. RAVISH SHETTY, AGED ABOUT 44 YEARS, RESIDING AT KADEKHANA, BARIMAR VILLAGE AND POST, BANTWAL TALUK-574 253. …PETITIONER (BY SRI. K. DINESHKUMAR RAO, ADVOCATE) AND: 1. MRS. PUSHPAVENI RAJESH BHANDARY, W/O. MR. RAJESH BHANDARY, AGED ABOUT 47 YEARS, RESIDING AT DOOR NO.6-139, PATEL HOUSE 76, BADAGUBETTU, BAILOOR, UDUPI DISTRICT-574 102, REPRESENTED BY HIS GPA HOLDER, MR. NAVEEN KUMAR, S/O. LATE MONAPPA BHANDARY, AGED ABOUT 49 YEARS, R/AT SAROJINI NILAYA, D.NO.20-30, T.C. ROAD, ULLAL POST, ULLAL, MANGALURU-575 020. …RESPONDENT (BY SRI. K. ANANDARAMA., ADVOCATE) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30192 CRL.RP No. 1234 of 2024 THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 (FILED U/S.438 R/W SECTION 442 BNNS) OF CR.P.C PRAYING TO SET ASIDE THE JUDMENT AND ORDER DATED 19.04.2024 PASSED BY THE COURT OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, IN CRL.A.NO.79/2023 AND THE JUDGMENT AND ORDER DATED 13.03.2023 IN C.C.NO.1432/2017 AND PASSED BY THE COURT OF JMFC (V COURT) MANGALURU D.K., CONVICTING THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT AND ACQUIT THE PETITIONER OF CHARGE LEVELED 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 Court vide order dated 03.12.2024 passed a conditional order suspending the sentence and the same is not complied with. The learned counsel for the revision petitioner submits that he has no instructions whether the same is complied or not. When the matter was referred to the mediation, the petitioner did not choose to appear before the Mediation Center and both the petitioner as well as counsel remained absent. Hence, returned to the Court. 2. Having considered the material available on record, the Trial Court considered the material on record, - 3 - HC-KAR NC: 2026:KHC:30192 CRL.RP No. 1234 of 2024 particularly Ex.P.1 cheque, copy of agreement for sale, copy of cancellation of agreement and so also the certified copy of the judgment and decree passed in O.S.No.131/2017. Though the petitioner examined herself as D.W.1, not produced any documents before the Trial Court. The Trial Court in paragraph No.21 of the judgment comes to the conclusion that P.W.1 has withstood the test of cross-examination and nothing is elicited rebutting the evidence of the complainant. In paragraph No.22, it is held that the accused had issued Ex.P.1 cheque in discharge of the whole of the legally enforceable debt and despite the issuance of demand notice, she has failed to pay the amount and found that nothing is rebutted under Section 139 of the Negotiable Instruments Act. The First Appellate Court also in Crl.A.No.79/2023 having re-appreciated the evidence available on record, confirmed the judgment of the Trial Court. Under the circumstances, no ground is made out to admit the revision petition and also the conditional order passed by this Court is not complied - 4 - HC-KAR NC: 2026:KHC:30192 CRL.RP No. 1234 of 2024 with. The learned counsel for the petitioner submits that the petitioner is not co-operating. Hence, the revision petition is dismissed. Sd/- (H.P.SANDESH) JUDGE MD List No.: 2 Sl No.: 4