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2026 DAILYLAW 14902 (KAR)

M/S POPULAR PHARMA v. SHREENIKA CHITS PRIVATE LTD

CRL.RP/100231/2025 · 2026-02-06

V Srishananda

Criminal Appealbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1748 CRL.RP No. 100231 of 2025 C/W CRL.RP No. 100232 of 2025 CRL.RP No. 100233 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100231 OF 2025 (397(CR.PC)/438(BNSS)-) C/W CRIMINAL REVISION PETITION NO. 100232 OF 2025 CRIMINAL REVISION PETITION NO. 100233 OF 2025 IN CRL.RP NO. 100231/2025 BETWEEN: 1. M/S POPULAR PHARMA PARTNERSHIP CONCERN CCB NO 732, PLOT NO 60, 7TH CROSS, AZAM NAGAR, TAL AND DIST BELAGAVI 590010 REP.BY ITS PARTNER I.E. PETITIONER NO.2 AND 3. 2. SHRI ZAHEER S/O GOUSEMOHDDIN GHEEWALE AGE 43 YEARS, OCC. BUSINESS, R/O PLOT NO 36 INDUS ROAD 6TH CROSS, AZAM NAGAR, TAL AND DIST BELAGAVI 59010. 3. SHRI ASHFAQALI S/O GULZARALI SAYYED AGE 42 YEARS, OCC. BUSINESS, R/O. CCB NO 732 PLOT NO 60 INDUS ROAD, 6TH CROSS, AZAM NAGAR, TAL AND DIST BELAGAVI 590010. …PETITIONERS (BY SRI. PRASAD PATIL, ADVOCATE) AND: SHREENIKA CHITS PRIVATE LTD., MATH GALLI BELAGAVI, REP BY ITS RECOVERY OFFICER, SHRI SHAM B. PAWAR, AGE 48 YEARS, OCC. SERVICE, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.18 15:56:48 +0530 CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.18 15:57:17 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1748 CRL.RP No. 100231 of 2025 C/W CRL.RP No. 100232 of 2025 CRL.RP No. 100233 of 2025 C/O SHREENIKA CHITS PRIVATE LTD., MATH GALLI TAL AND DIST BELAGAVI 590001. …RESPONDENT (BY SMT. GEETHA K.M. ALIAS PAWAR, 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 CALL FOR THE ENTIRE RECORDS IN CRL. APPEAL NO.192/2024 ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI AND C.C. NO.267/2019 ON THE FILE OF VI JMFC, BELAGAVI AND PLEASE TO SET ASIDE THE JUDGMENT PASSED IN CRIMINAL APPEAL NO, 192/2024 DATED 11/11/2024 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI IN CONFIRMING THE ORDER OF CONVICTION DATED 14/06/2024 PASSED BY THE VI JMFC BELAGAVI IN C.C. NO. 267/2019 FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT, AND ALLOW THE CRIMINAL REVISION PETITION, IN THE INTEREST OF JUSTICE. IN CRL.RP NO. 100232/2025 BETWEEN: 1. M/S POPULAR PHARMA PARTNERSHIP CONCERN CCB NO 732, PLOT NO 60, 7TH CROSS, AZAM NAGAR TAL AND DIST BELAGAVI 590010 REP.BY ITS PARTNER I.E. PETITIONER NO.2 AND 3. 2. SHRI ZAHEER S/O GOUSEMOHDDIN GHEEWALE AGE 43 YEARS, OCC. BUSINESS, R/O. PLOT NO 36, INDUS ROAD, 6TH CROSS , AZAM NAGAR, TAL AND DIST BELAGAVI 590010. 3. SHRI ASHFAQALI S/O GULZARALI SAYYED AGE 42 YEARS, OCC. BUSINESS R/O. CCB NO 732 PLOT NO.60, INDUS ROAD 6TH CROSS AZAM NAGAR, TAL AND DIST BELAGAVI 590010. ...PETITIONERS (BY SRI. PRASAD PATIL.,ADVOCATE) AND: SHREENIKA CHITS PRIVATE LTD., - 3 - HC-KAR NC: 2026:KHC-D:1748 CRL.RP No. 100231 of 2025 C/W CRL.RP No. 100232 of 2025 CRL.RP No. 100233 of 2025 MATH GALLI BELAGAVI REP BY ITS RECOVERY OFFICER SHRI SHAM B PAWAR AGE 48 YEARS, OCC. SERVICE C/O SHREENIKA CHITS PRIVATE LTD., MATH GALLI TAL AND DIST BELAGAIV 590001. ...RESPONDENT (BY SMT. GEETHA K.M. @ PAWAR, 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 CALL FOR THE ENTIRE RECORDS IN CRL. APPEAL NO.231/2023 ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI AND C.C. NO.309/2019 ON THE FILE OF VII JMFC, BELAGAVI AND PLEASE TO SET ASIDE THE JUDGMENT PASSED IN CRIMINAL APPEAL NO. 231/2023 DATED 20/11/2024 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI IN CONFIRMING THE ORDER OF CONVICTION DATED 20.07.2023 PASSED BY THE VII JMFC BELAGAVI IN C.C. NO. 309/2019 FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT, AND ALLOW THE CRIMINAL REVISION PETITION IN THE INTEREST OF JUSTICE. IN CRL.RP NO. 100233/2025 BETWEEN: 1. M/S POPULAR PHARMA PARTNERSHIP CONCERN, CCB NO 732, PLOT NO 60, 7TH CROSS AZAM NAGAR, TAL AND DIST BELAGAVI-590010 REP.BY ITS PARTNER I.E. PETITIONER NO.2 AND 3. 2. SHRI ZAHEER S/O GOUSEMOHDDIN GHEEWALE AGE 43 YEARS OCC. BUSINESS R/O PLOT NO 36, INDUS ROAD 6TH CROSS, AZAM NAGAR, TAL AND DIST BELAGAVI 590010. - 4 - HC-KAR NC: 2026:KHC-D:1748 CRL.RP No. 100231 of 2025 C/W CRL.RP No. 100232 of 2025 CRL.RP No. 100233 of 2025 3. SHRI ASHFAQALI S/O GULZARALI SAYYED AGE 42 YEARS OCC BUSINESS, R/O. CCB NO 732 PLOT NO 60 INDUS ROAD, 6TH CROSS AZAM NAGAR, TAL AND DIST BELAGAVI 590010. ...PETITIONERS (BY SRI. PRASAD PATIL, ADVOCATE) AND: SHREENIKA CHITS PRIVATE LTD MATH GALLI BELAGAVI REP BY ITS RECOVERY OFFICER SHRI SHAM B. PAWAR AGE 48 YEARS OCC. SERVICE C/O SHREENIKA CHITS PRIVATE LTD., MATH GALLI TAL AND DIST BELAGAVI 590001. ...RESPONDENT (BY SMT. GEETHA K.M. @ PAWAR, 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 CALL FOR THE ENTIRE RECORDS IN CRL. APPEAL NO.193/2024 ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI AND C.C. NO.266/2019 ON THE FILE OF VI JMFC, BELAGAVI AND PLEASE TO SET ASIDE THE JUDGMENT PASSED IN CRIMINAL APPEAL NO. 193/2024 DATED 22/11/2024 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI IN CONFIRMING THE ORDER OF CONVICTION DATED 14/06/2024 PASSED BY THE VI JMFC BELAGAVI IN C.C. NO. 266/2019 FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT, AND ALLOW THE CRIMINAL REVISION PETITION IN THE INTEREST OF JUSTICE. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC-D:1748 CRL.RP No. 100231 of 2025 C/W CRL.RP No. 100232 of 2025 CRL.RP No. 100233 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri Prasad Patil, learned counsel for the petitioners, and Smt. Geetha K.M. @ Pawar, learned counsel for the respondent. 2. The parties and their respective advocates are present and have submitted a joint memo. 3. The joint memo is placed on record. Accordingly, the petitions stand disposed of. 4. The amount deposited is ordered to be withdrawn by the complainant upon due identification. SD/- (V.SRISHANANDA) JUDGE AC Ct-cmu LIST NO.: 1 SL NO.: 30