- 1 - NC: 2025:KHC-D:4611 CRL.RP No. 100262 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100262 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: RAJU @ PAPPU S/O. GANAPATI PANALKAR, AGE: 45 YEARS, OCC. POTTERY WORK, R/O. NEAR CHOTA ASSAR MASJID, SARAF BAZAR, VIJAYAPUR, TQ. VIJAYAPUR, DIST. VIJAYAPUR, PIN: 586101. …PETITIONER (BY SRI SHIVARAJ P. MUDHOL, ADVOCATE) AND: MADHUSUDHAN S/O. HANAMANTHRAO KULKARNI, AGE: 75 YEARS, OCC. AGRICULTURE, R/O. AMINAGAD, TQ. HUNAGUND, DIST. BAGALKOTE, PIN: 587101. …RESPONDENT (RESPONDENT SERVED) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS AND TO SET- ASIDE THE IMPUGNED JUDGMENT AND ORDER OF CONVICTION DATED 18.05.2023 IN CRIMINAL APPEAL NO. 58/2022 PASSED BY THE PRINCIPAL DISTRICT AND SESSION JUDGE BAGALKOTE, AND IMPUGNED JUDGMENT AND ORDER OF CONVICTION DATED 02.08.2022 IN C.C.NO. 588/2018 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC COURT HUNAGUND OFFENCE P/U/SEC. 138 OF N.I. ACT AND ACQUIT THE PETITIONER BY ALLOWING THIS CRIMINAL REVISION PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.19 10:34:28 +0530 - 2 - NC: 2025:KHC-D:4611 CRL.RP No. 100262 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Shivaraj P. Mudhol, learned counsel for the revision petitioner. None appears for the respondent. 2. This Revision petition is filed by the accused challenging the order of conviction passed by the learned Trial Magistrate in CC No.588/2018 dated 02.08.2022 confirmed by the First Appellate Court in Crl.A.No.58/2022 dated 18.05.2023 for the offence punishable under Section 138 of the Negotiable Instruments Act. 3. Main grievance of the revision petitioner is that no fair opportunity was granted to him to contest the matter on merits in accordance with law. 4. There appears to be some force in the argument put forth on behalf of the revision petitioner having regard to the fact that though revision petitioner was present and matter was passed over for cross-examination on 17.03.2022 in the afternoon session, taking note of the absence of revision petitioner, matter came to be proceeded and stage has been - 3 - NC: 2025:KHC-D:4611 CRL.RP No. 100262 of 2023 closed and ultimately conviction order case to be passed by trial magistrate and First appellate confirmed the same. 5. Taking note of the above factual aspects of the matter, directing the revision petitioner to deposit 75% of the fine amount before the Trial Court, one more opportunity needs to be granted for contesting the matter on merits of the matter to serve the ends of justice. 6. Accordingly, without explaining any further opinion on merits of the matter before the Trial Court, following: ORDER i. Criminal revision petition is allowed. ii. Order of conviction passed by the learned Trial Magistrate in CC No.588/2018 confirmed by the First Appellate Court in Crl.A.No.58/2022 is hereby set aside on the condition that 75% of the fine amount is ordered to be deposited on or before 24.03.2025 including the fine amount already deposited. - 4 - NC: 2025:KHC-D:4611 CRL.RP No. 100262 of 2023 iii. Thereafter, matter be listed before the learned Trial Magistrate for further consideration on 29.03.2025. iv. Accused shall voluntarily appear before the learned Trial Magistrate on 29.03.2025 without further notice. v. Since, respondent/complainant is absent before this Court, learned Trial Magistrate shall issue Court notice to the respondent/complainant and thereafter, afford a suitable opportunity for the parties and dispose of the main case in accordance with law within a period of six months from the date of appearance of the complainant. SD/- (V.SRISHANANDA) JUDGE KAV CT:PA LIST NO.: 2 SL NO.: 23