Karnataka High Court
CRL.RP/1477/2024 of H P MANJUNATHA Vs D V BHUJALINGAPPA on 15 July 2026
CNR: KAHC010647472024 NC: 2026:KHC:36926 CRL.RP No. 1477 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 1477 OF 2024 BETWEEN: 1. H P MANJUNATHA S/O. PRAKASHA, AGED ABOUT 43
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO. 1477 OF 2024
BETWEEN:
1.
H P MANJUNATHA
S/O. PRAKASHA,
AGED ABOUT 43 YEARS,
R/AT HALLIMYSURU VILLAGE,
HALLIMYSURU HOBLI,
HOLENARASIPURA TALUK,
HASSAN DISTRICT-573 211.
…PETITIONER
(BY SRI. PRATHEEP K C,ADVOCATE)
AND:
1.
D V BHUJALINGAPPA
S/O. LATE VEERAPPAJI,
AGED ABOUT 64 YEARS,
R/AT DALAGOWDANAHALLI VILLAGE,
HALLIMYSURU HOBLI,
HOLENARASIPURA TALUK,
HASSAN DISTRICT-573 211.
…RESPONDENT
(BY SRI. SUBHASH R, ADVOCATE
FOR SRI.MANOJ KUMAR J Y,ADVOCATE)
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED
U/S 438 R/W 442 BNNS) BY THE ADVOCATE FOR THE
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY
BE
PLEASED
TO
SET
ASIDE
THE
JUDGMENTS
DATED
24/04/2024 PASSED BY THE II ADDL. DISTRICT AND SESSION
JUDGE, HASSAN IN CRL.A. NO. 131/2024 AND IN CC NO.
56/2021 DATED 31/05/2023 PASSED BY SENIOR CIVIL JUDGE
AND JMFC AT HOLENARASIPURA AND ACQUIT THE PETITIONER
FOR THE OFFENCE P/U/S 138 OF NI ACT 1881.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
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ORAL ORDER
Heard the petition of counsel and also the counsel appearing for the respondent.
2. This matter was heard in part earlier and the matter was deferred in view of the ground urged in this revision petition that the cheque at Ex.P1 is not within the validity period. The cheque is dated 05.04.2020 and the endorsement at Ex.P2 is dated 17.07.2020.
3. The counsel appearing for the revision petitioner would submit that validity of the cheque is only for a period of 3 months in view of the letter issued by RBI dated 04.11.2011 and the same is issued in exercise of the powers conferred by Section 35A of the Banking
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Regulation Act, 1949, i.e., with effect from 01.04.2012, the validity of the cheque is 3 months instead of 6 months from the date of such instrument. The counsel also relies upon the judgment of this Court in a similar set of facts in the Crl.RP.No.411/ 2026 dated 23.06.2026.
4. Considering the judgment of the Apex Court in the case of Shri Ishar Alloy Steels Ltd. vs. Jayaswals Neco Ltd., reported in (2001) 3 SCC 609, with regard to the statutory period for presentation of cheque was within 6 months by that time. But in view of the subsequent letter of Reserve Bank of India dated 01.04.2012, the period of 6 months is reduced to 3 months and the same is taken note of in paragraph No.9 of the judgment of this Court and so also this Court has taken note of the judgment of the Kerala High Court passed in MC No.8842/2019 decided on 14.02.2023, wherein, it is also held that the offence under Section 138 of the Negotiable Instruments Act,1881 will be attracted only if the cheque is presented within 6 months from the
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date on which it is drawn or within a period of its validity whichever is earlier. The Reserve Bank of India has fixed the period of validity as 3 months.
5. It is noted that first of all, the cheque was presented after the validity period and the offence under Section 138 is not attracted. Having taken note of The same, this Court comes to the conclusion that if the cheque is not valid, that is within 3 months, the same cannot be considered.
6. The counsel appearing for the respondent would submit that though the cheque is dated 05.04.2020, but the endorsement was issued on 17.07.2020, but there is no any specific date on what date it was presented and it goes back to the date of presentation. But on perusal of Ex.P2, there is no such date or presentation of the cheque. The endorsement issued by the bank is also ‘insufficient funds’ and not on the ground of validity of the cheque.
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7. Having taken note of the submission of the respective counsel and when there is no specific date of presentation of the cheque, whether it is within the time of 3 months or after the 3 months and also the endorsement issued by the bank is ‘insufficient fund’ and not on account of cheque is not valid, matter requires reconsideration before the trial court and the complainant is also to examine the Bank Manager with regard to the endorsement issued by the bank as ‘insufficient fund’ instead of validity of the cheque and whether cheque is valid or not once again matter has to be decided by the trial Court and hence order passed by the trial court and appellate Court confirming the same requires to be set aside.
8. In view of the discussions made above, I proceed to pass the following:
ORDER
a. The criminal revision petition is allowed.
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b. The impugned order of the trial Court and the appellate Court are set aside.
c. Matter is remitted back to the trial Court to consider with regard to the validity of the cheque as discussed above and the same could be done within 3 months from the date of appearance of both parties.
d. Both parties are directed appear before the trial Court on 03.08.2026 without fail without expecting any notice from the trial Court.
e. Both the counsels and parties are directed to assist the Court in disposal of the case within the time bound period of 3 months from 03.08.2026.
f. Registry is directed to send the records to the trial Court to enable the trial Court to take up the matter without fail on 03.08.2026.
Sd/-
(H.P.SANDESH) JUDGE
SSD List No.: 1 Sl No.: 18