- 1 - HC-KAR NC: 2026:KHC:35515 CRL.P No. 8538 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 8538 OF 2026 BETWEEN: K ROHITH S/O LATE KALEGOWDA AGED ABOUT 35 YEARS R/AT NO.1558 (HOUSE NO.157 AS PER ELECTION IDENTITY CARD AND AADHAAR CARD) NEAR DHARMASHREE CHOULTRY 3RD CROSS,V.V. NAGARA, KALLAHALLI MANDYA CITY 571401. …PETITIONER (BY SRI: HARIPRASAD M.B, ADVOCATE) AND: MOHAN KUMAR S/O BOJEGOWDA AGED ABOUT 45 YEARS R/AT MULAKATTE ROAD T.B. EXTENSION NAGAMANGALA TOWN AND TALUK MANDYA DISTRICT-571401 …RESPONDENT THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C (UNDER SECTION 528 BNSS) BY THE PETITIONER PRAYING TO QUASH AND SET ASIDE THAT PORTION OF THE IMPUGNED JUDGEMENT AND ORDER DATED 30.05.2026 PASSED IN CRL.A.NO.204/2025 (ANNEXURE-B) WHEREBY THE MATTER HAS BEEN REMANDED TO THE TRIAL COURT FOR FRESH CONSIDERATION AND THE CONSEQUENTIAL DIRECTION TO Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35515 CRL.P No. 8538 of 2026 THE PARTIES TO APPEAL BEFORE THE TRIAL COURT ON 06.07.2026. CONSEQUENTLY, ACQUIT THE PETITIONERS FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I ACT, 1881 IN CC.NO.559/2023. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner is before the Court calling in question an order of the concerned Court dated 30.05.2026, by which, the Appellate Court allows the appeal in Criminal Appeal No.204 of 2025 and remits the matter back for fresh consideration. 2. The petitioner is the accused, gets convicted of the offence punishable under Section 138 of the Negotiable Instruments Act. Challenges the said order of conviction before the Appellate Court. The Appellate Court accepts the challenge albeit in part and allows the said appeal, remits the matter back to the hands of the concerned Court to determine the issue afresh. - 3 - HC-KAR NC: 2026:KHC:35515 CRL.P No. 8538 of 2026 3. The petitioner claims to be aggrieved with a certain portion of the order which is said to be against his interest. A petition under Section 482 of the Cr.P.C or 528 of the BNSS, as the case would be, would not be maintainable. The petitioner has to avail the remedy of filing an appropriate revision petition. 4. Reserving such liberty, the petition stands disposed. The time spent in this proceedings shall be excluded for the purpose of limitation. Registry is directed to return all the originals that are appended to the petition, forthwith. Sd/- (M.NAGAPRASANNA) JUDGE BGN List No.: 2 Sl No.: 24