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Bombay High Court

Vishnu Dattu KhuleversusState of Maharashtra Through Public Prosecutor

Disposal
Disposed Off

Holding

The High Court dismissed the criminal revision, upholding the conviction and sentence under Section 138 of the NI Act.

Summary

The accused, Visnu Dattu Khule, obtained a loan of Rs.50 lakh from a bank and issued a cheque for Rs.12 lakh which was dishonoured due to insufficient funds. The bank served a statutory notice under Section 138 of the Negotiable Instruments Act, and upon non‑payment, filed a complaint leading to the accused’s conviction and a sentence of one year imprisonment, a fine, and compensation of Rs.24 lakh under Cr.P.C. Section 357(3). The accused appealed the conviction to the Sessions Court, which dismissed the appeal, prompting a criminal revision application before the Bombay High Court. The High Court examined the evidence, including the dishonoured cheque, the notice, and the applicant’s signature, and found it reliable and trustworthy. It held that there was no perversity or error in the trial and appellate courts’ findings. Consequently, the revision and any interim relief were rejected, upholding the conviction and sentence.

Issues considered

  • Whether the evidence presented establishes the dishonour of the cheque and the applicability of Section 138 of the Negotiable Instruments Act.
  • Whether the trial court’s conviction and sentencing, including the award of compensation under Cr.P.C. Section 357(3), were perverse or erroneous.
  • Whether the revision petition raises any substantial question of law or fact warranting interference.

Legislation cited

Subjects

  • Section 138 NI Act
  • cheque bounce
  • criminal conviction
  • revision petition
  • compensation under CrPC
  • insufficient funds
  • banking dispute

Judgment

                                                                905-REVN-380-25.doc


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIRCUIT BENCH AT KOLHAPUR
                        CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL REVISION APPLICATION NO. 380 OF 2025
                                      WITH
                       INTERIM APPLICATION NO. 3679 OF 2025

        Visnu Dattu Khule                                     … Applicant
              V/s.
        State of Maharashtra
        Through Public Prosecutor                             … Respondents
                                      ___________
        Adv. Onkar Ghatage a/w Rushikesh More i/b Vinay Kadam, for the
        applicant.
        Mr. Shrikant yadav, APP for the respondent – State.
        Adv. D. Patil, for the respondent no. 2.
                                      ___________

                                           CORAM : RAJESH S. PATIL, J.
                                           DATE : 21 AUGUST 2026

        P. C. :


        1.        The present Criminal Revision Application has been filed by

        the original accused in the proceedings under Section 138 of the

        Negotiable Instruments Act, 1881 challenging the order of conviction

        passed by the Trial Court and the Appellate Court.


        2.        It is the case of the respondent-bank that they had given a loan

        of Rs.50,00,000/- in the year 2013 to the accused and there was an

        outstanding amount. The accused issued a cheque of Rs.

        12,00,000/-. The said cheque, on being presented to the bank, was

        dishonored. Hence, a notice under Section 138 of the NI Act was



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        issued demanding the amount of the cheque. That notice was duly

        served. However, as the accused failed to pay the amount demanded,

        a complaint under Section 138 of the NI Act was filed. In the said

        complaint, the bank examined their officer as its witness. The

        accused did not step into the witness box.


        3.    Considering the evidence on record and the documents, the

        Trial Court convicted the accused for offense punishable under

        Section 138 of the NI Act and sentenced him to suffer simple

        imprisonment for one year and to pay fine of Rs.5,000/-, in default

        of payment of fine, to suffer simple imprisonment of three months.

        The accused was also directed to pay compensation of Rs. 24 lakhs to

        the complainant vide Section 357(3) of the Cr.P.C.


        4.    The said order passed by the Trial Court was challenged before

        the Sessions Judge by the accused. The Sessions Court, after hearing

        the parties, dismissed the appeal. Thereafter, the present Criminal

        Revision Application has been filed by the accused challenging the

        order passed by the Trial Court and the Appellate Court.


        5.    After going through the evidence led before the Trial Court, I

        find it reliable and trustworthy and there is no reason to disbelieve

        the said evidence. The subject cheque is on record, which has been

        dishonored for the reason “insufficient fund”. The said cheque has

        been duly signed by the present applicant. Thereafter, a statutory


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        notice under Section 138 of NI Act has been issued by the bank. The

        Registry A.D. card has been duly received by the applicant, along

        with the signature of the applicant, showing therein receipt of the

        notice and the same is on record.


        6.    Considering the evidence on record, the Trial Court and the

        Appellate Court have held against the applicant- complainant. I do

        no find any perversity in the impugned order passed by the Trial

        Court and the Appellate Court. Hence, the Criminal Revision

        Application stands rejected.


        7.    In sequel, the interim application, if any, also stands rejected.



                                                        [RAJESH S. PATIL, J.]




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