- 1 - HC-KAR NC: 2026:KHC:7863 CRL.RP No. 298 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 298 OF 2023 BETWEEN: 1. M/S N.P. ASSOCIATES, A PARTNERSHIP FIRM, HAVING ITS OFFICE AT IST FLOOR, DWARAKA COMPLEX, ARYA SAMAAJ ROAD, BALMATTA, MANGALURU - 575 002. 2. SRI. PRAVEEN KUMAR, S/O LATE LOKAYYA BANGERA PARTNER, M/S N. P ASSOCIATION, A PARTNERSHIP FIRM, HAVING ITS OFFICE AT IST FLOOR, DWARAKA COMPLEX, ARYA SAMAAJ ROAD, BALMATTA, MANGALURU - 575 002. 3. SRI. PRASHANTH, S/O RAMESH J, PARTNER, M/S N P ASSOCIATES, A PARTNERSHIP FIRM, HAVING ITS OFFICE AT IST FLOOR, DWARAKA COMPLEX, ARYA SAMAAJ ROAD, BALMATTA, MANGALURU - 575 002. …PETITIONERS (BY SRI. SHETTY DEEPAK, ADVOCATE) Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7863 CRL.RP No. 298 of 2023 AND: 1. SRI. THOMAS A.D'SOUZA, S/O LATE FEDRIC D'SOUZA, AGED ABOUT 58 YEARS, R/T LILLYFRED VILLAGE, PORT HOUSING COLONY, HOSABETTU KULAI, MANGALURU - 575 019. …RESPONDENT (BY SRI. SACHIN.K.NAIK, ADVOCATE FOR SRI.RAJASHEKAR S, ADVOCATE) THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 23.12.2021 PASSED IN C.C.NO.1626/2018 ON THE FILE OF JMFC (IX COURT), MANGALURU AND JUDGMENT AND ORDER DATED 13.12.2022 MADE IN CRL.A.NO.11/2022 BY THE COURT OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT D.K. MANGALORE AND ACQUIT HIM OF THE OFFENCE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 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 passed in C.C.No.1626/2018 dated 23.12.2021 by the Court of JMFC IX Court - 3 - HC-KAR NC: 2026:KHC:7863 CRL.RP No. 298 of 2023 Mangaluru, D.K and the judgment and order passed in Crl.A.No.11/2022 dated 13.12.2022 by the Court of II Additional District and Sessions Judge, D.K, Mangaluru. 2. Heard the learned counsel for the parties. 3. Respondent herein had initiated proceedings against the petitioner for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'N.I.Act') before the Jurisdictional Court of Magistrate at Mangalore in C.C.No.1626/2018. It is the case of the respondent that petitioner had issued the cheque-in-question dated 10.09.2018 for a sum of Rs.27,56,038/- (Rupees Twenty Seven Lakhs Fifty Six Thousand Thirty Eight only) drawn on UCO Bank, Mangaluru Branch in favour of the complainant. In Execution petition No.120/2017 that was initiated by the respondent against the petitioner before the Jurisdictional Civil Court for having violated the compromise decree passed in O.S.No.252/2016. The said cheque on - 4 - HC-KAR NC: 2026:KHC:7863 CRL.RP No. 298 of 2023 presentation for realisation was dishonoured by the drawee bank. The respondent thereafter got issued the statutory legal notice to the petitioner which was duly served on him. Inspite of service of the statutory legal notice, the petitioner had failed to repay the amount covered under the cheque-in-question and therefore respondent had initiated proceedings against petitioner for offence punishable under Section 138 of N.I.Act in C.C.No.1626/2018. 4. Since the petitioner claimed to be tried, to substantiate his case respondent had examined himself before the Trial Court as PW.1 and had got marked 11 documents as Ex.P1 to Ex.P11. On behalf of the defence the petitioner had examined himself as DW.1 and two documents were got marked as Ex.P1 and Ex.P2. The Trial Court after hearing the arguments addressed on both sides, convicted the petitioner for offence punishable under Section 138 of the N.I.Act and sentenced him to pay fine of Rs.17,82,000/- (Rupees Seventeen Lakhs Eighty - 5 - HC-KAR NC: 2026:KHC:7863 CRL.RP No. 298 of 2023 Two Thousand only) and in default to undergo simple imprisonment for a period of six months. The said judgment and order of conviction and sentence passed in C.C.No.1626/2018 by the Trial Court has been confirmed in Crl.A.No.11/2022 by the Court II Additional District and Sessions Judge, D.K., Mangaluru by judgment and order dated 13.12.2022. It is under these circumstances, petitioner is before this Court. 5. Perusal of the material on record would go show that the cheque-in-question was issued by the petitioner in favour of the respondent on 14.06.2017 in Execution petition No.120/2017, which was filed by the respondent against the petitioner for the reason that he had violated the terms of the compromise decree passed in O.S.No.252/2016. The said cheque was dishonoured by the drawee bank for the reason that sufficient balance was not available in the petitioner's bank account. The signature found in the cheque-in-question and the fact that the cheque-in-question was drawn on the bank - 6 - HC-KAR NC: 2026:KHC:7863 CRL.RP No. 298 of 2023 account maintained by the petitioner in UCO Bank, Mangaluru Branch, Dakshina Kannada District is not in dispute. Therefore, there is a presumption available against the petitioner that the cheque-in-question was issued towards legally recoverable debt and unless the said presumption that arises under Section 139 read with Section 118 of the N.I.Act is rebutted by putting forward a probable defence, the accused is liable to be convicted for offence punishable under Section 138 of the N.I.Act. 6. In the present case, petitioner has not set up any definite defence and on the other hand, it is his case that after the proceedings was initiated against him for offence punishable under Section 138 of the N.I.Act, certain amount has been paid by him to the respondent in the execution proceedings and therefore, he had produced the certified copy of the execution petition as well as the order sheet in the execution petition as Ex.D1 and Ex.D2 respectively. - 7 - HC-KAR NC: 2026:KHC:7863 CRL.RP No. 298 of 2023 7. Considering the said aspect of the matter, the Trial Court while passing order of sentence had reduced the fine amount and the said order of sentence passed by the Trial Court has been confirmed in Crl.A.No.11/2022. Merely for the reason that certain amount was paid by the petitioner to the respondent after the proceedings was initiated against him for offence punishable under Section 138 of the N.I.Act, the same shall not wipe off the offence committed by the petitioner. Under the circumstances, I do not find any illegality or irregularity in the impugned judgment and order of conviction and sentence passed by the Trial Court. 8. It is relevant to note here that the cheque-in-question was issued by the petitioner to the respondent in a Court proceedings i.e., Execution petition No.120/2017 which was filed by the respondent for the reason that the petitioner had violated the terms of the compromise decree passed in O.S.No.252/2016. Under the circumstances, I do not find any good ground to entertain - 8 - HC-KAR NC: 2026:KHC:7863 CRL.RP No. 298 of 2023 this petition. Accordingly, the Criminal revision petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 22