- 1 - NC: 2025:KHC-D:6790 CRL.A No. 100497 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO.100497 OF 2024 BETWEEN: GANGAPPA S/O. HANAMANT CHABBI, AGED ABOUT 52 YEARS, OCC: AGRICULTURE, R/O: ANAGWADI, TQ: BILIGI, DIST: BAGALKOT – 587 116. …APPELLANT (BY SRI. ARUNKUMAR MAGADI, ADVOCATE FOR SRI. ARAVIND D. KULKARNI, ADVOCATE) AND: BASAPPA S/O. MALLAPPA CHABBI, AGED ABOUT 37 YEARS, OCC: AGRICULTURE, R/O: ANAGWADI, TQ: BILIGI, DIST: BAGALKOT – 587 116. …RESPONDENT (SOLE RESPONDENT IS SERVED) THIS CRIMINAL APPEAL IS FILED U/S 378 (4) OF CR.P.C., (UNDER SECTION 419(4) OF BNSS) PRAYING TO ALLOW THE CRIMINAL APPEAL AND SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL IN FAVOUR OF RESPONDENT HEREIN/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, DATED 23.07.2024 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC, BILIGI IN CRIMINAL CASE NO.437/2022 AND REMAND THE MATTER BACK TO TRIAL COURT FOR DE NOVA TRIAL, GRANT SUCH OTHER RELIEF THAT THIS HON’BLE COURT DEEMS FIT, UNDER THE FACTS AND THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. THIS CRIMINAL APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6790 CRL.A No. 100497 of 2024 ORAL JUDGMENT This appeal is filed by the appellant/complainant challenging the judgment of acquittal dated 23.07.2024 passed in C.C.No.437/2022 by Civil Judge and JMFC, Bilagi and remand the matter back to the trial Court for de novo trial. 2. Heard learned counsel for the appellant. Inspite of service of notice, respondent/accused remained absent and unrepresented. 3. Learned counsel for the appellant would contend that the acquittal judgment is passed only on the ground that evidence of PW-1 has been expunged as he has not been kept present for further cross-examination. He further submits that due to communication gap, the complainant could not present. He submits that trial Court ought to have given an opportunity to the complainant/PW-1 to keep himself present for further cross-examination. With this, he prayed to allow the appeal and remand the case to the trial Court. - 3 - NC: 2025:KHC-D:6790 CRL.A No. 100497 of 2024 4. The offence alleged against respondent/accused is under Section 138 of N.I. Act. The appellant/complainant has been examined as PW-1 and he has been cross-examined in part. When case has been posted for further cross-examination, complainant/PW-1 remained absent and noting the same, trial Court has expunged the evidence of PW-1. PW-1 was absent for three days i.e., 21.12.2023, 19.01.2024 and 28.02.2024. On 28.02.2024, noting the absence of PW-1, the trial Court has expunged the evidence of PW-1. The cheque involved in the case is issued for Rs.3,00,000/-. Considering the same, trial Court ought to have given another opportunity for the complainant/PW-1. In the appeal memo, it is stated that due to communication gap, the complainant/PW-1 has not been kept present. Prior to 21.12.2023, the counsel for the accused had filed application under Section 91 of Cr.P.C. The said application has been filed when the case has been posted for further cross-examination of PW-1. The trial Court has considered the said application and passed orders in the - 4 - NC: 2025:KHC-D:6790 CRL.A No. 100497 of 2024 said application on 22.11.2023. Considering the fact that the cheque is issued for Rs.3,00,000/-, the trial Court ought to have given another opportunity to the appellant/PW-1. The appellant has made out a ground for setting aside the impugned judgment of acquittal and remand the matter to the trial Court. 5. In the result, the following: ORDER i. The appeal is allowed with cost of Rs.5,000/- payable to respondent/accused. ii. The impugned judgment of acquittal dated 23.07.2024 passed in C.C.No.437/2022 by Civil Judge and JMFC, Bilagi is set-aside and the matter is remanded to the trial Court. iii. The trial Court has to proceed with the matter from the stage of further cross- examination of PW-1. - 5 - NC: 2025:KHC-D:6790 CRL.A No. 100497 of 2024 iv. The appellant/PW-1 is directed to appear before the trial Court on 14.05.2025 and deposit the cost on or before that date. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE RKM CT-ASC List No.: 1 Sl No.: 22