- 1 - NC: 2025:KHC-D:5705 CRL.RP No. 100311 of 2017 C/W CRL.RP No. 100310 of 2017 CRL.RP No. 100312 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100311 OF 2017 (397(Cr.PC)/438(BNSS)) C/W CRIMINAL REVISION PETITION NO.100310 OF 2017 CRIMINAL REVISION PETITION NO.100312 OF 2017 IN CRL.RP.NO.100311/2017: BETWEEN: SHRI ISMAILSAHEB S/O. MAHABOOBSAHEB KESARI, AGE: 37 YEARS, OCC. BUSINESS, R/O. 1097/1, 4TH CROSS, MARUTI NAGAR, SAMBRA ROAD, BELAGAVI. …PETITIONER (BY SRI GANESH RAIBAGI, ADVOCATE-ABSENT) AND: ONENESS CHIT FUNDS PVT. LTD., REP. BY ITS MANAGER, RAJU BALAKRISHNA GANACHARI, AGE: 28 YEARS, OCC. SERVICE (RECOVERY MANAGER), R/O. RAMTHIRTH NAGAR, BELAGAVI. …RESPONDENT (BY SRI S.M. KALWAD, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF CR.P.C., SEEKING TO V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.29 11:59:35 +0530 - 2 - NC: 2025:KHC-D:5705 CRL.RP No. 100311 of 2017 C/W CRL.RP No. 100310 of 2017 CRL.RP No. 100312 of 2017 ALLOW THIS PETITION AND THEREBY SET ASIDE THE IMPUGNED ORDER OF DISMISSAL PASSED BY THE IX ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI IN ITS CRIMINAL APPEAL NO. 39 OF 2017 ON 02.11.2017 VIDE ANNEXURE-G AND THEREBY CONFIMED THE ORDER OF THE II JMFC BELAGAVI IN ITS C.C.NO. 58 OF 2016 DATED 04.02.2017 VIDE ANNEXURE-B. IN CRL.RP.NO.100310/2017: BETWEEN: SHRI ISMAILSAHEB S/O. MAHABOOBSAHEB KESARI, AGE: 37 YEARS, OCC. BUSINESS, R/O. 1097/1, 4TH CROSS, MARUTI NAGAR, SAMBRA ROAD, BELAGAVI. …PETITIONER (BY SRI GANESH RAIBAGI, ADVOCATE-ABSENT) AND: ONENESS CHIT FUNDS PVT. LTD., REP. BY ITS MANAGER, RAJU BALAKRISHNA GANACHARI, AGE: 28 YEARS, OCC. SERVICE (RECOVERY MANAGER), R/O. RAMTHIRTH NAGAR, BELAGAVI. …RESPONDENT (BY SRI S.M. KALWAD, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF CR.P.C., SEEKING TO ALLOW THIS PETITION AND THEREBY SET ASIDE THE IMPUGNED ORDER OF DISMISSAL PASSED BY THE HON’BLE IX ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI IN ITS CRIMINAL APPEAL NO. 38 OF 2017 ON 02.11.2017 VIDE ANNEXURE-G AND THEREBY CONFIMED THE ORDER OF THE II JMFC BELAGAVI, IN ITS C.C.NO. 57 OF 2016 DATED 04.02.2017 VIDE ANNEXURE-B. - 3 - NC: 2025:KHC-D:5705 CRL.RP No. 100311 of 2017 C/W CRL.RP No. 100310 of 2017 CRL.RP No. 100312 of 2017 IN CRL.RP.NO.100312/2017: BETWEEN: SHRI ISMAILSAHEB S/O. MAHABOOBSAHEB KESARI, AGE: 37 YEARS, OCC. BUSINESS, R/O. 1097/1, 4TH CROSS, MARUTI NAGAR, SAMBRA ROAD, BELAGAVI. …PETITIONER (BY SRI GANESH RAIBAGI, ADVOCATE-ABSENT) AND: ONENESS CHIT FUNDS PVT. LTD., REP. BY ITS MANAGER, RAJU BALAKRISHNA GANACHARI, AGE: 28 YEARS, OCC. SERVICE (RECOVERY MANAGER), R/O. RAMTHIRTH NAGAR, BELAGAVI. …RESPONDENT (BY SRI S.M. KALWAD, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF CR.P.C., SEEKING TO ALLOW THIS PETITION AND THEREBY SET ASIDE THE IMPUGNED ORDER OF DISMISSAL PASSED BY THE HON’BLE IX ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI IN ITS CRIMINAL APPEAL NO. 40 OF 2017 ON 02.11.2017 VIDE ANNEXURE-G AND THEREBY CONFIMED THE ORDER OF THE II JMFC BELAGAVI IN ITS C.C.NO. 61 OF 2016 DATED 04.02.2017 VIDE ANNEXURE-B. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:5705 CRL.RP No. 100311 of 2017 C/W CRL.RP No. 100310 of 2017 CRL.RP No. 100312 of 2017 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Case called trice. None present on behalf of the revision petitioner. Taking note of the fact revision petitioner has suffered an order of conviction in CC No.58/2016 for the offence punishable under Section 138 of the Negotiable Instruments Act, which was confirmed in Criminal Appeal No.39/2017 and was ordered to pay fine amount and till today, there is no progress in the matter and transaction is of the year 2013. Accordingly, revision petition stands dismissed for non prosecution. SD/- (V.SRISHANANDA) JUDGE KAV CT:PA List No.: 2 Sl No.: 35