Karnataka High Court
CRL.RP/487/2026 of SMT. SHABANA Vs SRI K.S. NARAYANASWAMY on 1 July 2026
NC: 2026:KHC:32511 CRL.RP No. 487 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.487 OF 2026 BETWEEN: 1. SMT. SHABANA, W/O RIZWAN, AGED ABOUT 42 YEARS, RESIDING AT NO.119,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO.487 OF 2026
BETWEEN:
1.
SMT. SHABANA,
W/O RIZWAN,
AGED ABOUT 42 YEARS,
RESIDING AT NO.119,
KARNATAKA SLUM BOARD AREA,
NEAR CHIKKA BOMMASANDRA,
G.K.V.K., YELAHANKA,
BENGALURU – 560065.
…PETITIONER
(BY SRI. HANDRAL NINGAPPA, ADVOCATE)
AND:
1.
SRI. K.S. NARAYANASWAMY,
S/O LATE K. SUBBARAYAPPA,
AGED ABOUT 65 YEARS,
RESIDING AT NO.1747,
2ND MAIN ROAD, 3RD CROSS,
CHOWDESHWARI LAYOUT,
YELAHANKA OLD TOWN,
YELAHANKA,
BENGALURU-560064.
…RESPONDENT
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
CR.P.C
PRAYING
TO
SET
ASIDE
THE
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JUDGMENT
OF CONVICTION AND SENTENCE DATED 02.12.2024 PASSED IN C.C.NO.6487/2022 BY THE LEARNED XII ADDL. CMM
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
HC-KAR
BENGALURU AND TO SET ASIDE THE JUDGMENT DATED 10.10.2025 PASSED IN CRIMINAL APPEAL NO.2187/2024 BY THE LEARNED LX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, CONFIRMING THE CONVICTION OF THE PETITIONER; AND TO ACQUIT THE PETITIONER/ACCUSED OF THE OFFENCE PUNISHABLE UNDER SECTION
OF NEGOTIABLE INSTRUMENTS ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
Heard the learned counsel for the revision petitioner. I.A.No.2/2026 is filed to condone the delay of 68 days in filing the revision petition and I.A.No.1/2026 is filed for suspension of sentence.
2. On perusal of paragraph No.15 of the impugned order of the Trial Court, it is very clear that though the accused examined herself as D.W.1, but not subjected for cross- examination and inspite of sufficient opportunity was given, not tendered for cross-examination and the defence that the cheque was misused was not substantiated by rebutting the evidence of the complainant under Section 139 of the Negotiable Instruments Act. Even when the notice was issued, no reply was given to the notice. When such being the case,
HC-KAR
the question of entertaining this revision petition does not arise. Even though the accused examined herself as D.W.1, but not tendered for cross-examination and nothing is there to consider the matter exercising the scope of revision and scope of revision is very limited. Only in case of miscarriage of justice, this Court can exercise the revisional powers. Hence, I do not find any ground to entertain the revision petition. Hence, the revision petition is dismissed and consequently, I.A.Nos.1/2026 and 2/2026 are also dismissed.
Sd/- (H.P.SANDESH) JUDGE
MD List No.: 1 Sl No.: 13