- 1 - HC-KAR CNR: KAHC010310262024 NC: 2026:KHC:39761 CRL.RP No. 748 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.748 OF 2024 BETWEEN: 1. SRI. M.S. ABDUL RAHEMM SON OF LATE ABDUL SHUKURU AGED ABOUT 46 YEARS RESIDING AT 3RD BLOCK KODLIPET TOWN SOMWARPET TALUK-571 236 KODAGU DISTRICT. …PETITIONER (BY SRI. FAYAZ SAB B.G., ADVOCATE) AND: 1. SRI. N.N. GANAPATHI SON OF LATE NANJAPPA AGED ABOUT 64 YEARS RESIDING AT NEERUGUNDA VILLAGE NEERUGUNDA POST SOMWARPET–571 236 KODAGU DISTRICT …RESPONDENT (BY SRI. VENUGOPAL M.S., ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 28.03.2024 PASSED IN CRL.A.NO.34/2023 ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE AT KODAGU AT Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010310262024 NC: 2026:KHC:39761 CRL.RP No. 748 of 2024 MADIKERI AND TO SET ASIDE THE IMPUGNED JUDGMENT DATED 02.03.2023, WHEREIN CONVICTED THE ACCUSED / PETITIONER HEREIN FOR THE OFFENCE P/U/S 138 OF N.I. ACT AND SENTENCING HIM TO PAY AN AMOUNT OF RS.1,80,000/- IN DEFAULT TO UNDERGO A SIMPLE IMPRISONMENT FOR A PERIOD OF 1 YEAR AND DIRECTING TO PAY A SUM OF RS.5,000/- AS PROSECUTION EXPENSES TO THE STATE GOVERNMENT BY DISMISSING THE COMPLAINANT FILED BY THE COMPLAINANT. 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 and I have heard learned counsel for the petitioner and learned counsel for the respondent. 2. The Trial Court having perused the material on record, taken note of repayment of Rs.1,95,000 by the accused and not made the payment of balance amount of Rs.1,80,000/- and Cheque was issued for the said amount in terms of Ex.P6 and the same was taken note of in paragraph No.36 of the judgment of the Trial Court. - 3 - HC-KAR CNR: KAHC010310262024 NC: 2026:KHC:39761 CRL.RP No. 748 of 2024 3. The First Appellate Court also taken note of the reasoning given by the Trial Court and concurred with the findings of the Trial Court and both the judgment of the Trial Court and First Appellate Court not suffers from its legality and correctness and there is no miscarriage of justice. Hence, I do not find any ground to entertain the revision petition. Accordingly, the revision petition is dismissed. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 19