- 1 - HC-KAR NC: 2026:KHC-D:1992 CRL.P No. 103156 of 2023 C/W CRL.P No. 103157 of 2023 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103156 OF 2023 (482(CR.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 103157 OF 2023 IN CRL.P.NO.103156/2023 BETWEEN: VIDYA ROHIT CHIMATE AGE. 40 YEARS, OCC. HOUSE WIFE, R/O. MAHESH DOADDALINGANAVAR BUILDING, IN FRONT OF UMESH PLOT, CHIKKODI ROAD, HUKKERI, TAL. HUKKERI, DIST. BELAGAVI 591309. …PETITIONER (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: THE HUKKERI BASAVESHWAR SOU SAH SANGH NYT. HUKKERI R/BY ITS MANAGER, K.R. CHOUGALA, TQ. HUKKERI, DIST. BELAGAVI 591309. …RESPONDENT (BY SRI. SRINIVAS B. NAIK, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ORDER DATED 20.10.2023 IN CC NO.373/2018 PASSED BY THE CIVIL JUDGE AND JMFC AT HUKKERI. ALLOWING THE APPLICATION FILED U/SEC. 45 R/W Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2026.02.12 16:10:50 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1992 CRL.P No. 103156 of 2023 C/W CRL.P No. 103157 of 2023 47 OF INDIAN EVIDENCE ACT BY THE PETITIONER TO MEET THE ENDS OF JUSTICE. IN CRL.P.NO.103157/2023 BETWEEN: ROHIT D. CHIMATE AGE. 50 YEARS, OCC. BUSINESS, R/O. MAHESH DODDALINGANAVAR BUILDING, IN FRONT OF UMESH PLOT, CHIKKODI ROAD, HUKKERI, TQ. HUKKERI, DIST. BELAGAVI 591309. …PETITIONER (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: THE HUKKERI BASAVESHWAR SOU SAH SANGH NYT. HUKKERI R/BY ITS MANAGER, K.R.CHOUGALA, TQ. HUKKERI, DIST. BELAGAVI 591309. …RESPONDENT (BY SRI. SRINIVAS B. NAIK, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ORDER DATED 20.10.2023 IN CC NO.374/2018 PASSED BY THE CIVIL JUDGE AND JMFC AT HUKKERI. ALLOWING THE APPLICATION FILED BY THE PETITIONER, IN THE INTEREST OF JUSTICE. THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:1992 CRL.P No. 103156 of 2023 C/W CRL.P No. 103157 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Prashant Mathapati, learned counsel for the petitioners, and Sri.Srinivas B. Naik, learned counsel for the respondent. 2. The petitioners are the accused in criminal cases bearing C.C. Nos.373/2018 and 374/2018, respectively. The petitioners in both cases are husband and wife. Petitioner Rohit D. Chimate was also a director of the respondent Co- operative Bank. 3. According to the averments in the complaint, the petitioners availed a loan and, in order to secure the loan, deposited the title deeds of their immovable property and created a mortgage. 4. It is the case of the respondent bank that the loan became irregular and the cheques issued by the petitioners, on presentation, were dishonoured. The petitioners are contesting the proceedings initiated under Section 138 of the Negotiable Instruments Act (for short, - 4 - HC-KAR NC: 2026:KHC-D:1992 CRL.P No. 103156 of 2023 C/W CRL.P No. 103157 of 2023 “the N.I. Act”) and have placed evidence before the Court. According to the petitioners, they did not avail any loan at all, and the loan documents were created in their name. 5. They further contend that they did not execute any mortgage or deposit of title deeds for creating a simple mortgage to secure the loan account, and that their signatures on the documents are forged. 6. They wanted the documents that were placed on record by the complainant-Bank to be sent to handwriting expert to find out the veracity of the signatures found therein that of the petitioners. Such an application was filed before the learned trial Judge. The applications were opposed by the complainant-Bank and learned trial Judge has dismissed the applications. 7. Being aggrieved by the same, petitioners who are accused persons in C.C.No.372/2018 and C.C.No.374/2018 have approached this Court with aforesaid prayer in both the petitions. - 5 - HC-KAR NC: 2026:KHC-D:1992 CRL.P No. 103156 of 2023 C/W CRL.P No. 103157 of 2023 8. Having heard the arguments of both sides, it is noted that when the specific contention has been taken by the petitioners herein who are accused that the loan itself is not taken by them and documents have been concocted by forging their signature, only on the ground that the cheque contains the signature of the petitioners herein, the applications ought not to have been rejected by the learned trial Magistrate. 9. If the document that is possessed by the Bank to substantiate that petitioners did avail the loan, are held to be denied after the examination of the disputed signature by the handwriting expert, case of the complainant gets strengthened and if the signatures are not genuine found on the documents, then the burden shifts on the Bank to prove that they did avail the loan. 10. Since the accused persons have already placed necessary evidence on record, it is just and necessary to send the disputed documents for handwriting expert. - 6 - HC-KAR NC: 2026:KHC-D:1992 CRL.P No. 103156 of 2023 C/W CRL.P No. 103157 of 2023 11. Hence, a case is made out to set aside the impugned orders and allow the applications filed by the petitioners seeking the signatures found in the disputed documents to be referred to the handwriting expert. 12. Accordingly, following: ORDER i. Petitions allowed. ii. Consequently, the impugned orders passed in C.C.No.372/2018 and C.C.No.374/2018 are set aside. iii. As a further consequence thereof, applications filed by the petitioners under Section 45 read with Section 47 of the Indian Evidence Act are allowed in each of the cases. iv. The learned trial Magistrate shall send the admitted signatures of the petitioners and the disputed documents on which the signatures of the petitioners are found to the handwriting expert and proceed with the case in accordance with law. - 7 - HC-KAR NC: 2026:KHC-D:1992 CRL.P No. 103156 of 2023 C/W CRL.P No. 103157 of 2023 v. It is made clear that this Court has not expressed any opinion on the merits of the matter. Sd/- (V.SRISHANANDA) JUDGE AC/CLK CT:CMU LIST NO.: 1 SL NO.: 36