- 1 - HC-KAR NC: 2025:KHC-D:15524 CRL.P No. 104245 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104245 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. MAHALAXMI MULTIPURPOSE CO-OP SOCIETY TOPINKATTI, KHANAPUR BRANCH, (REPRESENTED BY MANAGER/RECOVERY OFFICER) SHRI. HANAMANT NAGOJI PAWALE, AGE. 44 YEARS, OCC. SERVICE, R/O. RAVISHRI APARTMENT, SOMAVAR PETH, BEHIND KAVALEMATH, TILAKAWADI, TQ. BELAGAVI, DIST. BELAGAVI-590006. …PETITIONER (BY SRI. PRASHANT S.KADADEVAR, ADVOCATE) AND: SHRI. SWATI SAVIO PEREIRA, AGE. MAJOR, R/O. A/P. BURUD GALLI, KHANAPUR, TQ. KHANAPUR, DIST. BELAGAVI-591302. …RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, SET ASIDE THE IMPUGNED ORDER DATED 08.09.2025 PASSED BY THE COURT OF THE VII JMFC COURT BELAGAVI AT BELAGAVI IN C.C. NO.576/2019 (ANNEXURE-A) AND REJECT THE APPLICATION UNDER SECTION 145(2) OF N.I. ACT R/W 311 (ANNEXURE-C), IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15524 CRL.P No. 104245 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) Petitioner-complainant being aggrieved by the order dated 08.09.2025 passed in CC No.576/2019 by the VII JMFC Court, Belagavi, is before this Court seeking to set aside the order dated 08.09.2025 on the ground that no opportunity was given to him to file objections. Perused the order sheet of the Trial Court passed in CC No.576/2019 which is produced by the complainant- petitioner. Having considered the material available on record, I proceed to pass the following; ORDER (i) The petition is allowed. (ii) The order dated 08.09.2025 passed in CC No.576/2019 by the VII JMFC Court, Belagavi, is hereby set aside. - 3 - HC-KAR NC: 2025:KHC-D:15524 CRL.P No. 104245 of 2025 (iii) The Trial Court is directed to give an opportunity to the petitioner-complainant to file objections and directed to pass order in accordance with law. (iv) The complainant-petitioner is directed to appear before the Trial Court on 01.12.2025. In view of the disposal of the petition, pending I.As, if any, shall stand disposed off. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 4