- 1 - HC-KAR NC: 2026:KHC:5543 CRL.RP No. 181 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 181 OF 2026 BETWEEN: SUDARSHAN P S/O PRAKASH K.C AGED ABOUT 34 YEARS R/O. 2ND CROSS, 1ST MAIN LEELAVATHI EXTENSION MADDUR TOWN MANDYA DISTRICT - 571 428. …PETITIONER (BY SRI HEMANTH KUMAR K, ADV.) AND: PRAMEELA W/O VENKATESH AGED ABOUT 44 YEARS R/O 7TH CROSS V.V. NAGARA, MADDUR TOWN MANDYA DISTRICT - 571 428. …RESPONDENT THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE BOTH THE JUDGMENTS DATED 31.12.2025 PASSED BY THE HONBLE I ADDL.DISTRICT AND SESSIONS JUDGE, AT MANDYA IN CRL.A NO.188/2025 AND CONFIRMING THE JUDGMENT DATED 02.08.2025 PASSED BY THE HONBLE I ADDL.CIVIL JUDGE AND JMFC MADDUR IN CC NO.1900/2022 AND CONSEQUENTLY BE PLEASED OT CONVICT THE RESPONDENT FOR THE ALLEGED OFFENCE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5543 CRL.RP No. 181 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Complainant is before this Court in this revision petition filed under Section 438 R/w Section 442 of BNSS 2023, with a prayer to set aside the judgment and order of acquittal passed by the Court of I Addl. Civil Judge & JMFC, Maddur in C.C.No.1900 of 2022 dated 02.08.2025 and the judgment and order passed in Criminal Appeal No.188 of 2025 by the Court of I Addl. District & Sessions Judge, Mandya dated 31.12.2025. 2. Heard the learned counsel appearing for the petitioner. 3. It is the case of the petitioner, who is the complainant before the Trial Court that he had paid a sum of ₹.4,50,000/- to the respondent as hand loan on 25.12.2020 and towards repayment of the said amount, the respondent had issued Cheque bearing No.502754 dated 25.03.2021 for a sum of ₹.4,50,000/- drawn on Vijaya Bank, Maddur Branch, Mandya District in his favour. The said cheque on presentation of for realisation was returned with a shara "Funds insufficient". Complainant had got issued legal notice to the respondent, - 3 - HC-KAR NC: 2026:KHC:5543 CRL.RP No. 181 of 2026 which was duly replied by her stating that she had issued 'stop payment' in respect of the cheque in question in the year 2019 itself. She has stated that she had no transaction with the petitioner, who has misused the said cheque and presented for realization in the year 2021. After receipt of the reply notice, petitioner had approached the Trial Court and filed a private complaint against the respondent for offence punishable under Section 138 of Negotiable Instruments Act. 4. The respondent, after receipt of summons in the said proceedings from the Trial Court had appeared before the Trial Court and claimed to be tried. To substantiate his case, the petitioner had examined himself as PW1 and got marked six documents as Ex.P1 to Ex.P6. The respondent had examined herself as DW1 and another witness was examined as DW2. Three documents were got marked in support of her defence as Ex.D1 to Ex.D3. According to the petitioner, a sum of ₹.4,50,000/- was paid by him to the respondent in cash on 25.12.2020 and towards repayment of the said amount, the cheque in question was issued by the respondent on 25.03.2021. - 4 - HC-KAR NC: 2026:KHC:5543 CRL.RP No. 181 of 2026 5. The respondent has set up a specific defence that the cheque in question was not issued by her to the petitioner towards discharge of any legally recoverable debt. She has contended that she had issued instructions to her banker in the month of January 2019 itself to stop payment on the cheque in question. She has raised such a defence in her reply notice, which is marked as Ex.P6 in the present case. In support of her defence she has examined herself as DW1 and her bank manager was examined as DW2. Ex.D1 is the stop payment instruction given by the petitioner to her banker. DW2, who is the manager of the bank also has stated that DW1 had filed an application on 23.01.2019 requesting 'stop payment' on the cheque in question. The presumption which was available against the respondent was therefore successfully rebutted by her by producing necessary oral and documentary evidence before the Trial Court. Therefore, it was for the petitioner / complainant to prove his transaction with the respondent before the Trial Court by producing necessary oral and documentary evidence. Petitioner has failed to prove his transaction and has not produced any material before the Court except the cheque in question to show that he had paid a sum - 5 - HC-KAR NC: 2026:KHC:5543 CRL.RP No. 181 of 2026 of ₹.4,50,000/- to the respondent in cash as alleged. It is under these circumstances, the Trial Court has acquitted the respondent for offence punishable under Section 138 of Negotiable Instruments Act. 6. The said judgment and order of acquittal passed by the Trial Court in C.C.No.1900 of 2022 dated 02.08.2025 has been confirmed by the jurisdictional Court of District and Sessions Judge in Criminal Appeal No. 188 of 2025 by judgment and order dated 31.12.2025. Thereby, concurrent findings of acquittal has been recorded in favour of the respondent. In view of the aforesaid, I do not find any good ground to entertain this petition. 7. Accordingly, the criminal revision petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 34