- 1 - HC-KAR NC: 2026:KHC:30237 CRL.RP No. 733 of 2026 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.733 OF 2026 BETWEEN: 1. SRI. SRINIVAS M., S/O MAHADEVU, AGED ABOUT 47 YEARS, R/AT NO.672, WATER SUPPLY QUARTERS, NEAR HARSHA BAR, II STAGE, BOGADHI, MYSURU, ALSO AT KARNATAKA WATER WORKS, JALBHAVANA, NO.5 AND 6, BANNERGHATTA ROAD, BENGALURU-560029. …PETITIONER (BY SRI. RAJESH, ADVOCATE) AND: 1. SRI. CHAMARAJU C., S/O CHAMARAJU, AGED ABOUT 40 YEARS, R/AT NO.962, 14TH CROSS, JANATHA NAGARA, MYSURU-570009. …RESPONDENT THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT/ORDER OF DISMISSAL THE APPEAL IN CRL.A NO.320/2024 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE AT MYSURU, DATED 01.08.2025 AND ALSO SET ASIDE THE JUDGMENT OF Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30237 CRL.RP No. 733 of 2026 CONVICTION AND SENTENCE PASSED BY THE VI ADDL. CIVIL JUDGE AND JMFC, MYSURU, IN C.C.NO.37513/2022 DATED 30.07.2024 AND ACQUIT THE PETITIONER/ACCUSED. 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.1/2026 for condonation of delay of 155 days in filing the petition along with I.A.No.2/2026 for suspension of sentence. 2. Having perused the reasoning of the Trial Court, it is very clear that the very defence taken by the accused is that the cheque was misused, but not denied the signature available on the cheque. The amount was transferred to the account of the accused through bank transfer and the same is taken note of by the Trial Court in paragraph No.21 and in order to substantiate the defence that the cheque was misused, no defence evidence is adduced and in the cross-examination also nothing is elicited. Under the circumstances, when there is no rebuttal evidence, the question of considering the revision petition does not arise. Hence, I do not find any ground to consider the delay application when there is a clear delay of - 3 - HC-KAR NC: 2026:KHC:30237 CRL.RP No. 733 of 2026 155 days. The reasoning of the Trial Court is very clear that though defence was taken that the cheque was misused, nothing is placed on record to show the preponderance of probabilities and hence, I do not find any ground to consider I.A.Nos.1/2026 and 2/2026 as well as the revision petition. Hence, I.A.Nos.1/2026 and 2/2026 are dismissed and the revision petition is also dismissed. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 19