- 1 - HC-KAR NC: 2025:KHC-D:10101 CRL.A No. 100361 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100361 OF 2019 (A) BETWEEN: SRI. GANESH MULTIPURPOSE CO-OP. SOCIETY LTD., SANKESHWAR, REPRESENTED BY ITS SECRETARY, MAHANTESH S/O BHIMANNA KUMBAR, AGE: 29 YEARS, OCC: SECRETARY, R/O: KUMBAR GALLI, YADGUD, TQ: HUKKERI, DIST: BELAGAVI. … APPELLANT (BY SRI. RAMESH I. ZIRALI, ADVOCATE) AND: SHRI DUNDAPPA MALLAPPA GHASTI, AGE: MAJOR, OCC: AGRICULTURE, R/O: ULLAGADDI KHANAPUR, TQ: HUKKERI, DIST: BELAGAVI-591 221. … RESPONDENT (RESPONDENT SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378 (4)OF CR.P.C., PRAYING TO SET ASIDE THE ORDER OF ACQUITTAL DATED 17.08.2019 PASSED IN C.C. NO.763/2015 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, SANKESHWAR AND CONVICT THE RESPONDENT FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT BY ALLOWING THE CRIMINAL APPEAL TO MEET THE ENDS OF JUSTICE. THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:10101 CRL.A No. 100361 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. This appeal under Section 378(4) of the Cr.P.C. is filed by the complainant assailing the judgment and order of acquittal dated 17.08.2019 passed by the Court of Prl. Civil Judge and JMFC at Sankeshwar in C.C. No.763 of 2015. 2. Heard the learned counsel appearing for the appellant. 3. The respondent who is served in the matter has remained unrepresented before this Court. 4. The appellant had filed a private complaint against the respondent before the jurisdictional Court of Magistrate for offence punishable under Section 138 of the N.I. Act. It is the case of the appellant that the respondent had borrowed a sum of Rs.37,000/- from him and towards repayment of the said amount with interest, he had issued a cheque for a sum of Rs.53,147/-, which was dishonoured by the Drawee Bank with a shara “insufficient funds”. Therefore, after complying with the statutory requirements, the appellant had filed a private - 3 - HC-KAR NC: 2025:KHC-D:10101 CRL.A No. 100361 of 2019 complaint against the respondent before the Jurisdictional Court of Magistrate, for the offence punishable under Section 138 of the N.I. Act. In the said case, the respondent, after appearing before the learned Magistrate, claimed to be tried. 5. In order to prove his case, the appellant had examined himself as PW1 and got marked 7 documents as Exs.P1 to P7. In support of his defence, the respondent had examined himself as DW1, but no documents were marked on his behalf. The learned Magistrate vide the impugned judgment and order has acquitted the respondent for the alleged offence. 6. Perusal of the material on record would go to show that the disputed cheque is dated 07.07.2015. The same was presented for encashment by the appellant and the Drawee Bank had dishonoured and returned the same on 16.07.2015. The appellant had issued a legal notice to the respondent on 21.08.2015. 7. Section 138(b) of the N.I. Act provides that a notice in writing to the drawer of the cheque has to be issued - 4 - HC-KAR NC: 2025:KHC-D:10101 CRL.A No. 100361 of 2019 within 30 days from the date of receipt of information to him from the bank regarding the return of cheque as unclaimed. In the present case, the cheque in question which was returned by the Drawee Bank was received by the appellant on 16.07.2015 and the legal notice was issued only on 21.08.2015, which is beyond the period of 30 days, as provided under Section 138(b) of N.I. Act. It is under these circumstances, the Trial Court has acquitted the respondent of the offence punishable under Section 138 of the N.I. Act. 8. I do not find any illegality or irregularity in the impugned judgment and order of acquittal passed by the trial Court. Therefore, I do not find any merit in this appeal. Accordingly, the same is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE Vnp / CT: BCK LIST NO.: 1 SL NO.: 50