- 1 - HC-KAR NC: 2025:KHC-K:3307 CRL.A No. 200068 of 2019 C/W CRL.A No. 200069 of 2019 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL APPEAL NO.200068 OF 2019 (378(Cr.PC)/419(BNSS)) C/W CRIMINAL APPEAL NO.200069 OF 2019 (378(Cr.PC)/419(BNSS)) IN CRL.A.NO.200068/2019: BETWEEN: VASAVADATTA CEMENT, (PROPRIETARY KESORAM INDUSTRIES LIMITED), SITUATED AT LAXMINARAYAN NAGAR, SEDAM, DIST. GULBARGA-585222, REPRESENTED BY PA HOLDER: SRI V.A.N. MURTHY S/O KRISHNA MURTHY, AGE: 51 YEARS, OCC: MANAGER-LEGAL, HYDERABAD-500001. …APPELLANT (BY SRI D. P. AMBEKAR, ADVOCATE) AND: 1. M/S BLUE STAR BUILDING MATERIALS, PVT. LTD., 4, SNEHA SADAN, R.G. GADKARI PATH, PANVEL-410206, THROUGH SRI. P.G.THAKUR, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3307 CRL.A No. 200068 of 2019 C/W CRL.A No. 200069 of 2019 MANAGING DIRECTOR, M/S BLUE STAR BUILDING MATERIAL PVT., LTD., PANVEL-410206. 2. P.G. THAKUR MANAGING DIRECTOR, M/S BLUE STAR BUILDING MATERIAL PVT., LTD., 4, SNEHA SADAN, R.G. GADKARI PATH, PANVEL-410206. …RESPONDENTS (BY SRI BASAVARAJ C. JAKA, ADVOCATE FOR R2; R1 SERVED) THIS CRL.A. IS FILED UNDER SECTION 378 (4) OF CR.P.C. PRAYING TO ADMIT THIS APPEAL, ALLOW THIS APPEAL AND THEREBY SET ASIDE THE JUDGMENT & ORDER OF ACQUITTAL DATED. 08.04.2019 PASSED BY THE CIVIL JUDGE & JMFC AT SEDAM IN CRIMINAL CASE NO.39/2012 & FURTHER CONVICT THE RESPONDENT/ACCUSED AND AWARD DOUBLE THE CHEQUE AMOUNT TO APPELLANT BY WAY OF COMPENSATION. IN CRL.A.NO.200069/2019: BETWEEN: VASAVADATTA CEMENT (PROPRIETARY KESORAM INDUSTRIES LIMITED) SITUATED AT LAXMINARAYAN NAGAR, SEDAM, DIST: GULBARGA-585222, REPRESENTED BY PA HOLDER: SRI.V.A.N. MURTHY S/O KRISHNA MURTHY, AGE: 51 YEARS, OCC: MANAGER-LEGAL, HYDERABAD-500001. …APPELLANT (BY SRI D. P. AMBEKAR, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-K:3307 CRL.A No. 200068 of 2019 C/W CRL.A No. 200069 of 2019 AND: 1. M/S BLUE STAR BUILDING MATERIALS, PVT LTD., 4, SNEHA SADAN, R.G. GADKARI PATH, PANVEL-410206, THROUGH SRI. P.G. THAKUR, MANAGING DIRECTOR, M/S BLUE STAR BUILDING MATERIAL PVT., LTD., PANVEL-410206. 2. P.G. THAKUR MANAGING DIRECTOR, M/S BLUE STAR BUILDING MATERIAL PVT., LTD., 4, SNEHA SADAN, R.G. GADKARI PATH, PANVEL-410206. …RESPONDENTS (BY SRI BASAVARAJ C. JAKA, ADVOCATE FOR R2; R1 SERVED) THIS CRL.A. IS FILED UNDER SECTION 378 (4) OF CR.P.C. PRAYING TO ADMIT THIS APPEAL, ALLOW THIS APPEAL AND THEREBY SET ASIDE THE JUDGMENT & ORDER OF ACQUITTAL DATED 08.04.2019 PASSED BY THE CIVIL JUDGE & JMFC AT SEDAM IN CRIMINAL CASE NO.202/2012 & FURTHER CONVICT THE RESPONDENT/ACCUSED AND AWARD DOUBLE THE CHEQUE AMOUNT TO APPELLANT BY WAY OF COMPENSATION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 4 - HC-KAR NC: 2025:KHC-K:3307 CRL.A No. 200068 of 2019 C/W CRL.A No. 200069 of 2019 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Learned counsel, Sri D.P. Ambekar for the appellant has filed a memo of retirement along with notice of retirement and postal acknowledgement in both the cases. The same is served on the appellant. However, there was no alternate arrangement is made on behalf of the appellant. 2. The appellant in these appeals is the complainant, who is challenging an order of acquittal passed against the respondents for the offence under Section 138 of the Negotiable Instruments Act. 3. Perused the impugned judgments as well. The learned Trial Magistrate has formed a definite opinion that there is a material alteration in the cheques resulting in obliteration of the negotiable instrument, whereby the presumption could not be raised on behalf of the appellant herein. - 5 - HC-KAR NC: 2025:KHC-K:3307 CRL.A No. 200068 of 2019 C/W CRL.A No. 200069 of 2019 4. Hence, placing the submission of the learned counsel Sri D.P.Ambekar that the complainant is not co-operating to proceed with the matters, the appeals stand dismissed for non-prosecution. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 10 CT:PK