- 1 - NC: 2025:KHC-D:7010 CRL.RP No. 100117 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100117 OF 2025 (397(Cr.PC)/438(BNSS) BETWEEN: ABDULRASHEED KADWAD S/O GAFARSAB, AGE: 65 YEARS, OCC:NIL, R/O. # 32, SHIDRAMESHWAR NAGAR, 1ST CROSS NEAR HUBLI HOSPITAL ROAD, ANAND NAGAR, HUBBALLI, PIN CODE. 580024, (ABOVE MAINTAINED NAME AND ADDRESS DETAILS AS PER THE ADHAR CARD) NAME OF REVISION PETITIONER AS PER TRIAL COURT ORDER SHRI. ABDULRASHID S/O GAFARSAB KADAWAD, R/O. INDIRA NAGAR, MUNDGOD, TQ. MUNDGOD (UK) …PETITIONER (BY SRI SACHIN C. ANGADI, ADVOCATE) AND: ST. MILAGRES CREDIT SOUHARDHA CO. OPERATIVE LTD., MUNDGOD R/BY ITS MANAGER SRI REGAN S/O. REMAND VOILVERA PIN CODE 581349 …RESPONDENT (RESPONDENT SERVED) THIS CRIMINAL REVISION PETITION IS FILED U/SEC.438 R/W 442 OF BNSS, UNDER SECTION 397 R/W. 401 OF CTIMINAL PROCEDURE CODE, SEEKING TO ALLOW THIS PETITION AND SET Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:7010 CRL.RP No. 100117 of 2025 ASIDE THE DISMISSED FOR DEFAULT ORDER DATED 27.02.2025 PASSED IN CRIMINAL APPEAL NO. 5099/2024 BY THE 1ST ADDITIONAL DISTRICT AND SESSIONS COURT, KARWAR, SITTING AT SIRSI, FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT. AND CONSEQUENTLY BE PLEASED TO RESTORE THE CRIMINAL APPEAL NO. 5099/2024 ON THE FILE OF BEFORE THE 1 ADDL. DISTRICT AND SESSIONS COURT, KARWAR, SITTING AT SIRSI FOR DISPOSAL A FRESH ACCORDANCE WITH LAW THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Sachin C. Angadi, learned counsel for revision petitioner. 2. Respondent served but remained absent. 3. Perused the impugned order. 4. Sri.Sachin C. Angadi, would submit that before the First Appellate Court, appeal came to be dismissed for non prosecution on account of non compliance of condition of interim order. Since the petitioner has now complied portion of the interim order by depositing sum of Rs.1,50,000/- before this Court, the order passed by the First Appellate Court may be set aside and matter may be remitted to the First Appellate Court for fresh disposal in accordance with law. - 3 - NC: 2025:KHC-D:7010 CRL.RP No. 100117 of 2025 5. Since respondent is absent and the opportunity granted to the revision petitioner has not been utilized before First Appellate Court, affording one more opportunity for the revision petitioner to contest matter on merits by further directing to deposit sum Rs.2,50,000/- ends of justice would be met. 6. Accordingly, the following order is passed. ORDER i. Criminal revision petition is allowed. ii. The order dated 27.02.2025 passed by the I Additional District and Sessions Judge, Karwar, sitting at Sirsi, in Crl.A.No.5099/2024 is hereby set aside. iii. Matter is directed to be taken up for disposal afresh in accordance with law. iv. Amount in deposit in sum of Rs.1,50,000/- before this Court is entitled to be withdrawn by the complainant under due identification. - 4 - NC: 2025:KHC-D:7010 CRL.RP No. 100117 of 2025 v. Further, revision petitioner shall deposit sum of Rs.2,50,000/- before the First Appellete Court to further participate in the appeal. vi. Matter is order to be listed before the First Appellate Court on 03.06.2025. vii. Payment/deposit of sum of Rs.2,50,000/- on or before 03.06.2025 is a condition precedent for the revision petitioner to further participate in the appeal and prosecute the same. Sd/- (V.SRISHANANDA) JUDGE AC CT:GSM List No.: 2 Sl No.: 33