- 1 - NC: 2025:KHC-D:4722 CRL.RP No. 100174 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100174 OF 2022 (397(CR.PC)/438(BNSS)) BETWEEN: PRASANNA KUMAR M. N. S/O. M. NINGAPPA, AGED ABOUT 41 YEARS, TAX CONSULTANT, R/O. #563, NEAR JAYANAGAR CHURCH, B. BLOCK, SARASWATHI BADAVANE, DAVANGERE-577004. …PETITIONER (BY SRI REVANNA BELLARY AND SRI SHIVANAND MALASHETTY, ADVOCATES) AND: AYESHA KHANAM H.K. W/O. MOHAMMED AZHARUDDIN MALLUR, AGED ABOUT 28 YEARS, HOUSE WIFE, R/O. #42, EESHWARA NAGARA, OPP. APMC, BHAIRIDEVARAKOPPA, HUBBALLI-580020. …RESPONDENT (BY SRI K.B. SHIVAKUMAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W. 401 OF CR.P.C., SEEKING TO FOR SETTING ASIDE THE JUDGMENT DATED 28.02.2022 IN CR.APPEAL NO.5011/2022 OF I APPELLATE COURT, V ADDITIONAL DISTRICT AND SESSIONS JUDGE COURT, DHARWAD, SITTING AT HUBBALLI AND ORDER DATED 14.01.2022 IN CC NO.13/2020 III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC COURT, HUBBALLI, AND PRAYS FOR ACQUIT THE PETITIONER FOR THE OFFENCES U/S. 138 OF N.I. ACT AND TO CALL FOR ENTIRE RECORDS IN 5011/2022 OF I APPELLANT COURT, V ADDITIONAL DISTRICT AND SESSIONS JUDGE COURT, DHARWAD, SITTING AT HUBBALLI AND IN CC NO.13/2020 OF III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC COURT, HUBBALLI TO SCRUTINY THE ENTIRE PAPERS. V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.18 15:25:59 +0530 - 2 - NC: 2025:KHC-D:4722 CRL.RP No. 100174 of 2022 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Revanna Bellary and Sri.Shivananda Malashetty, learned counsel for the revision petitioner and Sri.K.B. Shivakumar, learned counsel for the respondent. 2. The main grievance of the accused who suffered an order of conviction for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (for short, ‘the N.I.Act’) confirmed in Crl.A.5011/2022 is that proper opportunity was not granted to the accused especially taking note of the fact that it was in the Covid period. 3. Sum of Rs.1,76,000/- is already deposited and it is submitted on behalf of the petitioner. Records reveal that opportunity though granted to the revision petitioner was not utilized by the revision petitioner properly. 4. Neverthless, taking note of the fact that Covid- 19 was prevalent at the time of trial, if an opportunity is - 3 - NC: 2025:KHC-D:4722 CRL.RP No. 100174 of 2022 provided to the revision petitioner on condition that he would make further deposit of Rs.1,00,000/- and further participate in the matter by cross examining of PW.1 and leading defence evidence in a time bound matter ends of justice would be met. 5. Accordingly, without expressing further opinion on the merits of the matter, the following order is passed. ORDER (i) Criminal Revision Petition is allowed. (ii) Impugned order passed in C.C.No.13/2020 and in Crl.A.No.5011/2022 is hereby set aside. (iii) Matter is remitted to the trial Court for fresh disposal in accordance with law on the condition that the revision petitioner shall further deposit in sum of Rs.1,00,000/- in addition to the amount already in deposited on or before 03.04.2025. (iv) Revision petitioner and complainant shall appear before the trial Court on 07.04.2025 without further notice positively. - 4 - NC: 2025:KHC-D:4722 CRL.RP No. 100174 of 2022 (v) It is made clear that deposit of Rs.1,00,000/- on or before 03.04.2025 is the condition precedent for proceeding with the case. (vi) Failing which the order passed by the trial magistrate and confirmed by the first appellate Court would stand restored automatically. (vii) Amount in deposit is ordered to be kept in fixed deposit for a period of 3 months for the successful parties to enjoy the same. (viii) Trial Court shall conclude the fresh adjudication of the matter within a period of three months from 07.04.2025. (ix) Office to return the Trial Court records along with a copy of this order for issuance of modified conviction warrant. SD/- (V.SRISHANANDA) JUDGE AC CT:PA LIST NO.: 2 SL NO.: 46