- 1 - HC-KAR NC: 2026:KHC-D:26 CRL.RP No. 100147 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100147 OF 2022 (397(Cr.PC)/438(BNSS)) BETWEEN: SMT. SADHANA NISHABT LOHAR AGE 37 YEARS, OCC MEDICAL PRACTITIONER R/O H.NO. 259/C, GANAPAT GALLI, AMBEWADI, TQ AND DIST BELAGAVI-590001. …PETITIONER (BY SRI. MAHANTESH S. HIREMATH, ADVOCATE) AND: MARKANDEYA CO-OPERATIVE CREDIT SOCIETY LTD., MANNUR, TALUKA BELAGAVI R/BY ITS RECOVERY OFFICER, SHRI SURAJ PIRAJI PATIL AGE 31 YEARS, OCC. SERVICE, R/O. MANNUR, TQ BELAGAVI-590013. …RESPONDENT (BY SRI ABHISHEK BARIGIDAD, ADVOCATE FOR SRI. MRUTYUNJAY TATA BANGI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C., PRAYING TO CALL FOR RECORDS AND ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGMENT PASSED IN CRIMINAL APPEAL NO.428/2019 DATED ON 09.03.2022 PASSED BY THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELGAUM, CONFIRMED THE JUDGMENT AND ORDER PASSED IN CC NO.384/2018 DATED 10.10.2019 PASSED BY THE VII-JMFC BELAGAVI, AND ALLOW THE REVISION PETITION IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:26 CRL.RP No. 100147 of 2022 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Mahantesh S. Hiremath, learned counsel for the revision petitioner and Sri.Abhishek Barigidad, learned counsel appearing on behalf of Sri.M.T.Bangi, learned counsel for the respondent. 2. Accused is the revision petitioner challenging the order of conviction passed under Section 138 of the Negotiable Instruments Act in CC No.384/2018 dated 10.10.2019 on the file of VII JMFC, Belagavi which was confirmed in Crl.A.No.428/2019 dated 09.03.2022 on the file of XI Additional Sessions Judge, Belagavi. 3. Facts in the nutshell which are utmost necessary for disposal of the present revision petition are as under: 3.1. Respondent/complainant filed a petition under Section 200 Cr.P.C., alleging the commission of the offence - 3 - HC-KAR NC: 2026:KHC-D:26 CRL.RP No. 100147 of 2022 under Section 138 of the Negotiable Instruments Act against the petitioner herein by contending that accused and her husband - Nishant Lohar being the members of the complainant society, approached the complainant and after furnishing necessary documents and sureties, availed mortgage loan in a sum of Rs.12,00,000/-. 3.2. Complainant sanctioned the loan and the loan account became irregular and towards repayment of the said loan amount, a cheque bearing No.043301 dated 09.06.2017 in a sum of Rs.12,19,297/- drawn on Federal Bank Limited, Belagavi Branch was issued. 3.3. Said cheque on presentation, came to be dishonored and there was no compliance to the callings of notice and therefore, sought for action against the petitioner. 4. Learned Trial Judge after completing necessary formalities, noted that the cheque belonged to the petitioner and signature found in the cheque was not in - 4 - HC-KAR NC: 2026:KHC-D:26 CRL.RP No. 100147 of 2022 dispute and drew the presumption available to the complainant under Section 139 of the Negotiable Instruments Act by following the dictum of the Hon'ble Apex Court in the case of Rangappa vs. Shri.Mohan reported in AIR 2010 SC 1898 and convicted the accused. 5. Being aggrieved by the same, accused filed an appeal before the District Court in Crl.A.No.428/2019, which on contest, came to be dismissed. 6. Being further aggrieved by the same, accused is before this Court, in this revision petition. 7. Learned counsel for the revision petitioner reiterating the grounds urged in the revision petition, vehemently contented that even in the absence of any rebuttal evidence that is placed on record, since the initial burden is not discharged by the complainant, the conviction order needs to be set aside. 8. Per contra, learned counsel for the respondent supports the impugned orders. - 5 - HC-KAR NC: 2026:KHC-D:26 CRL.RP No. 100147 of 2022 9. Having heard the arguments of both sides, this Court perused the material on record meticulously. 10. On such perusal of the material on record, it is crystal clear that Ex.P.1 - cheque belongs to the accused and same is dishonored and there is no compliance to the callings of the notice vide Ex.P.3. Loan application is marked at Ex.P.7 wherein the signature of the accused is found. Loan agreement marked at Ex.P.8 and surety bond would make it clear that there was a sanction of mortgage loan and towards repayment of the said loan; Ex.P.1 – cheque came to be issued, which on presentation having been dishonored, complainant has discharged necessary initial burden to draw the presumption under Section 139 of the Negotiable Instruments Act. 11. In the absence of any rebuttal evidence placed on record by the accused, conviction of the accused for the aforesaid offence is just and proper. - 6 - HC-KAR NC: 2026:KHC-D:26 CRL.RP No. 100147 of 2022 12. Learned Trial Judge and learned Judge in the First Appellate Court have thus rightly appreciated the material evidence on record while passing the impugned orders. 13. Grounds of the revision are not sufficient enough to annul the well reasoned impugned judgments. Accordingly, following: ORDER i. Revision petition is meritless and hereby dismissed. ii. However, time is granted till 20.06.2026 to pay the balance amount. Sd/- (V.SRISHANANDA) JUDGE KAV Ct-cmu List No.: 1 Sl No.: 0