- 1 - NC: 2025:KHC-D:4412 CRL.RP No. 100185 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100185 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: SLV GOLD COMPANY REP. BY SHRI JADIYAPPA HUGAR, AGE: 39 YEARS, OCC. THE AUTHORIZED SIGNATORY OF COMPANY, AMBEDKAR CIRCLE OPP. MUTHOOT FINANCE PVT. LTD, ARUN COLLECTION, 2ND FLOOR, HOSPET-583201. …PETITIONER (BY SRI NAGARAJ J. APPANNANAVAR, ADVOCATE) AND: SRI MANJUNATH S/O. BASAVARAJ INDI, AGE: 37 YEARS, OCC. BUSINESS, R/O. PLOT NO.57, SIDDA KALYAN NAGAR, SAINAGAR ROAD, UNKAL, HUBBALLI-580031. …RESPONDENT (RESPONDENT SERVED) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W. 401 OF CR.PC., SEEKING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 10.03.2022 PASSED BY THE COURT OF III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC HUBBALLI IN CC NO.1210/2021 AND CONFIRMED BY THE COURT OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE DHARWAD SITTING AT HUBBALLI IN CRIMINAL APPEAL NO. 5034/2022 DATED 21.01.2023 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT AND ALLOW THE ABOVE CRIMINAL REVISION PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.03.11 11:04:09 +0530 - 2 - NC: 2025:KHC-D:4412 CRL.RP No. 100185 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. Nagaraj J. Appannanavar, learned counsel for the revision petitioner. 2. Revision petitioner is the accused in C.C.No.1210/2021, whereby accused is convicted for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (for short, ‘the N.I.Act’) confirmed in Crl.A.No.5034/2022. 3. Main grievance of Sir. Nagaraja J. Appannanavar, representing the revision petitioner/accused is that proper opportunity was not granted as the trial got hastily concluded in the COVID-19 period. He further contended that the accused had also been denied the opportunity of cross examining the complainant having regard to the prevailing COVID-19 restrictions and therefore, an opportunity may be provided. 4. Respondent is absent and material on record substantiates the contention taken on behalf of the revision petitioner, it is just an necessary that on direction of depositing 50% of the cheque amount before the trial Court, one more - 3 - NC: 2025:KHC-D:4412 CRL.RP No. 100185 of 2023 opportunity to be provided for the accused to contest the matter. 5. Accordingly, the following order is passed. ORDER i. The Criminal Revision Petition is allowed. ii. The conviction order passed by the learned trial magistrate in C.C.No.1210/2021 confirmed in Crl.A.No.5034/2022 is hereby set aside. iii. Matter is remitted to the learned trial magistrate for fresh disposal in accordance with law after affording suitable opportunity for the parties subject to condition that revision petitioner deposit 50% of the cheque amount on or before 24.03.2025. Matter be listed before the trial court without further notice on 28.03.2025 iv. Revision petitioner shall voluntarily appear before the trial court on 28.03.2025 and proceed with the case in accordance with law. - 4 - NC: 2025:KHC-D:4412 CRL.RP No. 100185 of 2023 v. Since respondent-complainant is absent before this Court, Court notice to be issued to complainant by trial Court before proceeding further. SD/- (V.SRISHANANDA) JUDGE AC CT:PALIST NO.: 2 SL NO.: 11