- 1 - HC-KAR NC: 2026:KHC:7862 CRL.RP No. 1792 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1792 OF 2025 BETWEEN: K. S. GANESHA, S/O SRINIVASA, AGED ABOUT 41 YEARS, R/O KALENAHALLI VILLAGE, RAMANATHAPURA HOBLI - 573 133. ARAKALAGUDU TALUK, HASSAN DISTRICT. …PETITIONER (BY SRI. S.C.VIJAYA KUMAR, ADVOCATE) AND: B. G. SRINIVASA, S/O B N GOPALA, AGED ABOUT 42 YEARS, R/O BASAVAPATTANA VILLAGE - 573 113. RAMANATHAPURA HOBLI, ARAKALAGUDU TALUK, HASSAN DISTRICT. …RESPONDENT THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER OF DISMISSAL OF THE APPEAL FOR DEFAULT PASSED BY THE LEARNED III ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN IN CRL.A.NO.177/2024 DTD 05.05.2025 AND THEREBY CONFIRMING THE JUDGEMENT AND Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7862 CRL.RP No. 1792 of 2025 SENTENCE PASSED BY THE LEARNED ADDL. CIVIL JUDGE AND JMFC, ARAKALAGUDU IN CC.NO.2264/2021 DTD 06.07.2024 AND ACQUIT THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused is before this Court in this Criminal revision petition filed under Section 397 read with Section 401 of Cr.PC, with a prayer to set aside the order dated 05.05.2025 passed by the Court of III Additional District and Sessions Judge, Hassan, in Crl.A.No.177/2024. 2. Heard the learned counsel for the petitioner. Respondent who is served in the matter has remained unrepresented before this Court. 3. Respondent had initiated proceedings against the petitioner for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'N.I.Act') before the Jurisdictional Court of Magistrate at Arakalagudu in C.C.No.2264/2021. In the said proceedings, the Trial Court had convicted the petitioner - 3 - HC-KAR NC: 2026:KHC:7862 CRL.RP No. 1792 of 2025 for offence punishable under Section 138 of the N.I.Act and had sentenced him to pay fine of Rs.3,62,000/- (Rupees Three Lakhs Sixty Two Thousand only) and in default to undergo simple imprisonment for a period of six months. Aggrieved by the judgment and order of conviction and sentence passed by the Trial Court in C.C.No.2264/2021 dated 06.07.2024, petitioner had filed Crl.A.No.177/2024 before the Court of III Additional District and Sessions Judge, Hassan and the said appeal was dismissed vide the impugned order dated 05.05.2025 for non-prosecution. It is under the circumstances, petitioner is before this Court. 4. The The Hon'ble Supreme Court in the case of MADAN LAL KAPOOR VS. RAJIV THAPAR - (2007) 7 SCC 623 has observed that an appeal or revision filed by the accused, challenging the judgment and order of conviction and sentence cannot be dismissed for non-prosecution. The Appellate Court has failed to appreciate the aforesaid aspect of the matter and has - 4 - HC-KAR NC: 2026:KHC:7862 CRL.RP No. 1792 of 2025 erred in dismissing the appeal for non-prosecution. under the circumstances of the impugned order passed by the Court of III Additional District and Sessions Judge, Hassan in Crl.A.No.177/2024 cannot be sustained. Accordingly, the following: ORDER i. The Criminal revision petition is allowed. ii. The impugned order dated 05.05.2025 passed in Crl.A.No.177/2024 by the Court of III Additional District and Sessions Judge, Hassan is set aside and the Crl.A.No.177/2024 is restored to file. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 29