- 1 - NC: 2025:KHC-D:7115 CRL.RP No. 100126 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100126 OF 2025 (397(Cr.PC)/438(BNSS) BETWEEN: MR. MAHADEV S/O. BASAVANT KANKANAWADI, AGE 63 YEARS, OCC: BUSINESS, R/O. TEACHERS COLONY, HUKKERI, TQ. HUKKERI, DIST BELAGAVI-590001. …PETITIONER (BY SRI. IRANAGOUDA K. KABBUR, ADVOCATE) AND: SHRI. GURUSHANTESHWAR MULTIPURPOSE SOUHARD, SAHAKARI LIMITED HUKKERI, DIST. BELAGAVI. REPRESENTED BY ITS JR ASSISTANT SHRI. DAREPPA S/O. BASAVANNE CHOUGALA, AGE 44 YEARS, OCC: SERVICE, R/O. AT/POST. BASTWAD-590001, TQ. HUKKERI, DIST. BELAGAVI. …RESPONDENT (BY SRI. SRI. PRASHANT MATHAPATI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S.397 R/W 401 OF CR.P.C. (438 R/W 442 OF BNSS), SEEKING TO ALLOW THE REVISION PETITION AND CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT DATED 16.01.2025 PASSED BY THE X ADDL.SESSIONS JUDGE BELAGAVI, AT BELAGAVI IN CRIMINAL APPEAL NO.332/2024 AND JUDGMENT DATED 01.10.2024 PASSED BY THE VII JMFC, BELAGAVI IN CC NO.296/2022 FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT, BY ALLOWING THIS REVISION PETITION AND ACQUIT THE REVISION PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:7115 CRL.RP No. 100126 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Iranagouda K. Kabbur, learned counsel for the petitioner and Sri.Prashanth Mathapati, learned counsel for the respondent. 2. Petition is filed by the accused with the following prayer: “ a) Kindly allow the revision petition. b) Kindly call for the records. c) Kindly set aside the judgment dated 16.01.2025 passed by the learned X Addl.Sessions Judtge, Belagavi, at Belagavi in Crl.A.No.332/2024 and judgment dated 01.10.2024 passed by the learned VII JMFC, Belagavi in CC No.296/2022 for the offence punishable under Section 138 of NI Act by allowing this revision petition and acquit the revision petitioner in the interest of justice.” d) Any other relief’s may kindly be granted. 3. Facts in the nutshell which are utmost necessary for the disposal of the revision petitioner are as under: - 3 - NC: 2025:KHC-D:7115 CRL.RP No. 100126 of 2025 3.1 Respondent-Society filed a private complaint under Section 200 Cr.PC alleging the offence under Section 138 of Negotiable Instrument Act in CC No.296/2022. Said case ended in conviction after due trial and accused is directed to pay fine of Rs.51,73,223/- as compensation to the respondent-society. 3.2 Order of conviction was challenged by the accused in Crl.A. No.332/2024. 3.3 Learned judge in the First Appellate Court allowed the appeal of the accused but the case was remanded to the trial Magistrate for fresh disposal in the light of the discussion made by the First Appellate Court in paragraph numbers 11 and 12 of the order of the First Appellate Court. Parties are also directed to appear before the trial Court on 03.02.2025. 4. Being further aggrieved by the said order, accused has preferred revision petition before this Court. - 4 - NC: 2025:KHC-D:7115 CRL.RP No. 100126 of 2025 5. It is pertinent a note that when once the appeal of the accused was allowed in part and he has been given a fresh chance to lead further evidence and matter was ordered to be decided afresh, challenging the order of remand by way of revision petition by the accused does not have any merits. 6. Moreover, parties have already appeared before the trial court and are proceeding with the case pursuant to the order of the remand order passed by the First Appellate Court. 7. Taking note of these aspects of the matter, following order is passed. ORDER Revision petition is dismissed. SD/- (V.SRISHANANDA) JUDGE HMB CT-AN List No.: 2 Sl No.: 18