- 1 - HC-KAR CNR: KAHC010106272025 NC: 2026:KHC:39456 CRL.RP No. 265 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.265 OF 2025 BETWEEN: 1. S.H. UMESH S/O. LATE S.R.HANUMANTHAIAH AGED ABOUT 40 YEARS R/AT LOKESH NILAYA 1ST FLOOR, ABOVE CAUVERY TEXTILES MARIYAMMA TEMPLE MAIN ROAD SRIRAMAPURA, JAKKUR POST BENGALURU-560 064. …PETITIONER (BY SRI. SANTHOSH KUMAR M.B., ADVOCATE) AND: 1. M. SUBRAMANI S/O. LATE MUNISHAMAPPA AGED ABOUT 55 YEARS R/AT NO.79/2, NEAR BUS STOP, SRIRAMAPURA, JAKKUR POST, BENGALURU-560 064. …RESPONDENT (BY SRI. KUMAR K., ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 16.06.2022 IN C.C.NO.3710/2020 PASSED BY THE VI ADDL. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010106272025 NC: 2026:KHC:39456 CRL.RP No. 265 of 2025 JUDGE COURT OF SMALL CAUSES AND ACMM, BENGALURU AND JUDGMENT DATED 04.12.2024 IN CRL.A.NO.843/2022 PASSED BY THE LXI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGLAURU CITY AND ACQUIT THE PETITIONER BY ALLOWING THE RP. 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 Court vide order dated 20.02.2025 directed the petitioner to deposit 50% of the amount, inclusive of the amount already deposited. Inspite of it, the same is not complied. This matter is listed for admission and having perused the material on record, no reply was given by the accused when notice was issued. 2. The Trial Court also in paragraph Nos.18 and 19 taken note of material on record and given reasons in paragraph No.19 that when the defendant taken the defence that he has received Rs.95,000/- only from the complainant as hand loan, but nothing is produced to substantiate the same. The accused has received the statutory notice and no reply was given and he had the knowledge of contents of statutory notice is not in dispute. The Trial Court also in paragraph No.20 taken - 3 - HC-KAR CNR: KAHC010106272025 NC: 2026:KHC:39456 CRL.RP No. 265 of 2025 note that for having repaid the loan amount to complainant, no positive evidence is placed on record and accused has not taken any steps to collect the Cheques in question-Exs.P1 and P2 from the complainant nor he has given intimation to banker to stop the payment in caution. Having considered the material on record, the Trial Court convicted and sentence the accused. 3. The First Appellate Court in Crl.A.No.843/2022 also confirmed the judgment of the Trial Court considering the material on record, particularly the evidence of P.W.1 and D.W.1 and not produced any document for having repaid the amount and hence, confirmed the judgment of the Trial Court. Therefore, no ground is made out to entertain the revision petition. Accordingly, the revision petition is dismissed. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 25