- 1 - HC-KAR NC: 2026:KHC-D:1351 CRL.RP No. 100240 of 2021 C/W CRL.RP No. 100239 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION No.100240 OF 2021 (397(CR.PC)/438(BNSS)) C/W CRIMINAL REVISION PETITION No.100239 OF 2021 IN CRL.P.100240/2021 BETWEEN: SRI. G.B. SHIVAKUMAR AGED ABOUT 44 YEARS, OCC. PROPRIETOR, SON OF LATE G.A. BABANNA, RESIDING AT MANAIKANTA-NILAYA, 15TH WARD, BHARATI NAGAR, OLD AMARAVATI, HOSAPETE, DIST. VIJAYANAGARA-583201. …PETITIONER (BY SRI. D.J. SATHISHA, ADVOCATE) AND: M/S KALYAN EARTH MOVERS AND TRANSPORTERS HAVING OFFICE AT 5TH WARD, NEAR BALANJINEYA TEMPLE, M.J. NAGAR, HOSAPETE-583201 R/BY ITS PARTNER, SRI. M. SHARAVANAN AGE. 60 YEARS, OCC. TRANSPORTER. …RESPONDENT (BY SRI. HARISH S. MAIGUR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W 401 OF CR.P.C. 1973, SEEKING TO CALL FOR THE RECORDS IN CRIMINAL APPEAL NO.5042 OF 2018 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BALLARI, (SITTING CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.02 17:04:29 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1351 CRL.RP No. 100240 of 2021 C/W CRL.RP No. 100239 of 2021 AT HOSAPETE) AND SET ASIDE THE JUDGMENT OF CONVICTION DATED N30.08.2021 PASSED IN CRIMINAL APPEAL NO. 5042 OF 2018 BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT BALLARI, SITTING AT HOSAPETE, AFFIRMING THE JUDGMENT AND ORDER DATED 11.09.2018, PASSED IN C.C.NO.197/2013, BY THE ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., HOSAPETE U/S 138 OF N.I.ACT AND CONSEQUENTIALLY ACQUIT THE PETITIONER IN THE SAID CASE. IN CRL.RP.100239/2021 BETWEEN: G.B. SHIVAKUMAR AGED ABOUT 44 YEARS, OCC- PROPRIETOR, SON OF LATE G.A. BABANNA, RESIDING AT MANAIKANTA-NILAYA, 15TH WARD, BHARATI NAGAR, OLD AMARAVATI, HOSAPETE, DISTRICT VIJAYANAGARA-583201. …PETITIONER (BY SRI. D.J. SATHISHA, ADVOCATE) AND: M/S KALYAN EARTH MOVERS AND TRANSPORTERS HAVING OFFICE AT 5TH WARD, NEAR BALANJINEYA TEMPLE, M.J. NAGAR, HOSAPETE-583201 R/BY ITS PARTNER, SRI. M. SHARAVANAN, AGE 60 YEARS, OCC- TRANSPORTER. …RESPONDENT (BY SRI. HARISH S. MAIGUR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W 401 OF CR.P.C. 1973, SEEKING TO CALL FOR THE RECORDS IN CRIMINAL APPEAL NO. 5039/2018 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BALLARI, (SITTING AT HOSAPETE) AND SET ASIDE THE JUDGMENT OF CONVICTION DATED 30.08.2021 PASSED IN CRIMINAL APPEAL NO.5039 OF 2018 BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT BALLARI, SITTING AT HOSAPETE, AFFIRMING THE JUDGMENT AND ORDER DATED 11.09.2018, PASSED IN C.C.NO.570/2011, BY THE ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., HOSAPETE U/S 138 OF N.I. ACT AND CONSEQUENTIALLY ACQUIT THE PETITIONER IN THE SAID CASE. - 3 - HC-KAR NC: 2026:KHC-D:1351 CRL.RP No. 100240 of 2021 C/W CRL.RP No. 100239 of 2021 THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) None appears for the petitioner. Even on the last date, there was no representation on behalf of the petitioner. Petitioner has suffered an order of conviction for the offence punishable under Section 138 of the Negotiable Instruments Act. 2. Though, Crl.RP No.1002490/2021 was admitted on 06.11.2023, there is no progress in the matter. It is also noticed that, earlier, said revision petition was dismissed and later on, restored. 4. Taking note of the same, revision petitions are dismissed for non prosecution. 5. The amount in deposit, if any, is ordered to be withdrawn by the complainant under due identification. Sd/- (V.SRISHANANDA) JUDGE kcm CT-CMU LIST NO.: 1 SL NO.: 33