- 1 - NC: 2025:KHC-D:5549 CRL.RP No. 100111 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100111 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: K.NAGARAJ S/O. KENCHAPPA, AGE: 43 YEARS, OCC. BUSINESS, R/O. SHRI SAIBABA SURGICALS, MALLIGE HEALTH CARE CENTRE, NO.402, 8TH MAIN, 8TH CROSS, NEAR MODI COMPOUND, P.S. EXTENSION, DAVANAGERE. …PETITIONER (BY SRI B.G. INDI, ADVOCATE FOR SRI K.L. PATIL, ADVOCATE) AND: JINAL ENTERPRISES BY ITS PROPRIETOR, SUNIL S/O. CHANDRANATH VARUR, AGE: 51 YEARS, OCC. BUSINESS, R/O. GURU KRUPA BUILDING, 1ST FLOOR, SHET COMPOUND, 2ND LANE, OPP GURUDWAR, DESHAPANDE NAGAR, HUBBALLI-580029. …RESPONDENT THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS AND ALLOW THIS REVISION PETITION AND SET-ASIDE THE JUDGMENT AND ORDER DATED 02.01.2023 PASSED IN CRIMINAL APPEAL NO.5018/2022 BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI AND ALSO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 29.12.2021 PASSED IN C.C.NO. 2265/2011 BY I ADDL. CIVIL JUDGE AND JMFC COURT, HUBBALLI AND THEEBY ACQUIT THE PETITIONER/ACCUSED FROM THE OFFENCE PUNISHABLE U/SEC. 138 OF N.I. ACT. V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.04 12:20:28 +0530 - 2 - NC: 2025:KHC-D:5549 CRL.RP No. 100111 of 2023 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) A memo is filed by the revision petitioner. Memo reads as under: “In this the Advocate for the Petitioner submits as under: It is submitted that the sole proprietor of the Respondent firm died during the trial i.e. on 21.12.2017, and his wife also pre-deceased the complainant and there is no his legal Representatives to the Respondent. And before First Appellate Court nobody was appeared on behalf of the Respondent. Therefore the above matter may be disposed according to law as there is no representation by the Respondent. And in the mean time the Petitioner may be acquitted by setting aside the judgment and order of conviction of sentence passed by the learned I Addl. Civil Judge and JMFC Court, Hubballi in C.C.No.2265/2011 registered for the offence punishable under Section 138 of NI Act. And also set aside the subsequent judgment and Order passed by the learned I Addl. District and - 3 - NC: 2025:KHC-D:5549 CRL.RP No. 100111 of 2023 Sessions Judge, Dharwad. Sitting at Hubballi in Crl.Appeal No.5018/2022 thereby confirmed the Judgment and Order of the trial Court, in the ends of justice and equity.” Placing the memo on record, revision petition stands dismissed. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA LIST NO.: 2 SL NO.: 3