- 1 - HC-KAR NC: 2026:KHC:1246 CRL.RP No. 740 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 740 OF 2019 (397(Cr.PC) / 438(BNSS)) BETWEEN: CHANDRAKANTH SHIVANI, S/O SHIVARAY, AGED ABOUT MAJOR, R/AT 106 BHALKI, HALABARGA, BIDAR - 585 328. …PETITIONER (BY SMT/KUM. UMA.M, ADVOCATE FOR SRI. M SUBRAMANI., ADVOCATE) AND: M/S MAHINDRA RURAL HOUSING FINANCE LIMITED, A REGISTERED COMPANY IS HAVING ITS REGD OFFICE AT MAHINDRA TOWERS, P K KURNE, CHOWK, WORLI MUMBAI - 400 018. MAHARASHTRA-INDIA. ALSO AT REGIONAL OFFICE AT NO.62, 2ND FLOOR, HIGH STREET, 11TH MAIN ROAD, 4TH BLOCK, Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1246 CRL.RP No. 740 of 2019 JAYANAGAR, BANGALORE - 560 011. REPT BY ITS LITIGATION MANAGER MR ESHWARAPPA H K. …RESPONDENT (BY SRI. ARCHANA.K.M, AMICUS CURIAE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND CONVICTION DATED 27.03.2018 PASSED IN C.C.NO.619/2017 ON THE FILE OF THE XLII A.C.M.M., AT BENGALURU.2.TO SET ASIDE THE JUDGMENT AND CONVICTION DATED 12.04.2019 PASSED IN CRL.A.NO.750/2017 (CORRECT NO.CRL.A.NO.750/2018) ON THE FILE OF THE HON'BLE LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY AND ACQUIT THE ACCUSED FROM ALL THE CHARGES LEVELED AGAINST HIM. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Petitioner/accused is before this Court in this Criminal Revision petition filed under Section 397 read with Section 401 of Cr.PC with a prayer to set aside the judgment and order of conviction and sentence dated - 3 - HC-KAR NC: 2026:KHC:1246 CRL.RP No. 740 of 2019 27.03.2018 passed in C.C.No.619/2017 by the Court of XLII Additional Chief Metropoliton Magistrate, Bengaluru, which is confirmed in Crl.A.No.750/2017 by the Judgment and Order dated 12.04.2019 passed by the Court of LXV Additional City Civil and Sessions Judge, Bengaluru. 2. Heard the learned counsel for the petitioner and learned amicus curiae for the respondent. 3. Learned counsel for the petitioner submits that cheque-in-question was issued towards part payment of the loan borrowed by the petitioner from the respondent finance company. During the pendency of the proceedings, the loan account has been settled, and a discharge certificate was issued by the respondent finance company on 25.08.2022, which is produced by the petitioner along with the memo dated 10.06.2025. She submits that the memo and the discharge certificate may be taken on record and the petitioner may be acquitted of the offence for which he was convicted by the Courts below. - 4 - HC-KAR NC: 2026:KHC:1246 CRL.RP No. 740 of 2019 4. Perusal of the material on record would go to show that the respondent company has remained absent in this proceedings before this Court in spite of service of notice. It is under these circumstances, this Court had appointed learned counsel Smt.Archana.K.M., as amicus curiae to assist the Court. She submits that she has no instructions from the respondent with regard to the settlement of the loan amount by the petitioner herein. 5. The memo dated 10.06.2025 filed by the petitioner along with documents is taken on record. 6. In the memo, it is stated that the petitioner has cleared the loan availed from the respondent company. Along with the memo, the petitioner has produced documents which reflect that a No due certificate has been issued the respondent company and in the discharge certificate dated 25.08.2022, which is produced along with the memo, it is stated that the petitioner has cleared the loan account on 18.03.2019 and the documents deposited - 5 - HC-KAR NC: 2026:KHC:1246 CRL.RP No. 740 of 2019 by the petitioner for creating the security for the housing loan availed by him was being returned. In view of the aforesaid, I am of the opinion that the impugned judgment and order of conviction and sentence passed by the Trial Court needs to be set aside. Accordingly, the following: ORDER i. The Criminal revision petition is allowed. The judgment and order dated 27.03.2018 passed in C.C.No.619/2017 by the Court of XLII Additional Chief Metropoliton Magistrate, Bengaluru, which is confirmed in Crl.A.No.750/2017 by the Judgment and Order dated 12.04.2019 passed by the Court of LXV Additional City Civil and Sessions Judge, Bengaluru are set aside, and consequently, the petitioner is acquitted of the offence punishable under Section 138 of the N.I.Act. - 6 - HC-KAR NC: 2026:KHC:1246 CRL.RP No. 740 of 2019 ii. The services of learned amicus curiae is placed on record, and her fee is fixed at Rs.10,000/-. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 9