- 1 - HC-KAR NC: 2026:KHC:30751 CRL.RP No. 432 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.432 OF 2026 BETWEEN: 1. MR. F.J. DAVID, S/O JOSEPH DAVID, AGED ABOUT 53 YEARS, R/AT NO.26/27, 3RD MAIN, 2ND STAGE, NAGARABHAVI, BENGALURU – 560072. …PETITIONER (BY SRI. SYED AHMED, ADVOCATE) AND: 1. SRI. KIRAN V., S/O LATE VENKOBA RAO, AGED ABOUT 31 YEARS, R/AT NO.1360, 5TH MAIN, 5TH CROSS, PRAKASH NAGAR, BENGALURU – 560021. …RESPONDENT (BY SRI. PRUTHVIRAJ S.A., ADVOCATE - ABSENT) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGEMENT PASSED BY THE LEARNED JUDGE AT LXII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-63), BENGALURU IN CRL.A.NO.937/2023 DATED 05.02.2026 AT ANNEXURE-A, AND TO SET ASIDE THE JUDGEMENT OF CONVICTION AND SENTENCE PASSED BY THE LEARNED IV ADDL. SMALL CAUSES Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30751 CRL.RP No. 432 of 2026 JUDGE AND ACMM (SCCH-6), BENGALURU IN CC.NO.3679/2022 DATED 12.06.2023 AT ANNEXURE-B AND CONSEQUENTLY ACQUIT THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT, 1881. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER This matter is listed for admission. Heard the learned counsel for the revision petitioner. The learned counsel for the respondent is absent. 2. The factual matrix of the case of the complainant before the Trial Court is that both the complainant and the accused are known to each other and the accused approached the complainant and availed a credit facility to the tune of Rs.3,50,000/- in the year 2020. He assured that he will return the said amount within six months. Subsequently, for repayment of the said amount, the accused issued a cheque dated 03.12.2021 for a sum of Rs.3,50,000/-. When the said cheque was presented, the same was dishonoured. The - 3 - HC-KAR NC: 2026:KHC:30751 CRL.RP No. 432 of 2026 legal notice was given and notice was also served to the accused, but no reply was given and also did not comply with the demand and hence, the complainant filed the complaint and cognizance was taken. The accused was secured and he did not plead guilty and hence, the complainant examined himself as P.W.1 and got marked the documents at Exs.P.1 to 5. The accused did not lead any defence evidence, however, cross-examined P.W.1. The main defence in the cross-examination is that the cheque was given in favour of the complainant’s father in connection with chit transaction and in order to substantiate the same, he did not choose to lead any defence evidence and in the cross-examination also nothing is elicited. When the notice was served, he has not given any reply and the defence of chit transaction is afterthought. There is no rebuttal evidence before the Court that the cheque was given in connection with chit transaction and even other subscribers of the chit are also not examined and even no document is placed before the - 4 - HC-KAR NC: 2026:KHC:30751 CRL.RP No. 432 of 2026 Court that he was a subscriber of the chit and when the notice was issued, he has not given any reply. Under the circumstances, I do not find any ground to admit the revision petition. Hence, the revision petition is dismissed. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 49