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2026 DAILYLAW 5470 (KAR)

M/S JAJEE PESTICIDE v. EXCEL INDUSTRIES LIMITED

CRL.RP/100077/2023 · 2026-02-16

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:2342 CRL.RP No. 100077 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION No.100077 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: 1. M/S JAJEE PESTICIDE FILTER BED ROAD, KALABURGI. 2. KEDARNATH S/O KASHAPPA JAJEE AGE. 69 YEARS, OCC. BUSINESS PARTNER OF JAJEE PESTICIDES R/O.KALABURGI, TQ AND DIST.KALABURGI-585101. …PETITIONERS (BY SRI. VENKATESH M. KHARVI, ADVOCATE) AND: EXCEL INDUSTRIES LIMITED AREA MANAGER R/BY, SHRI G T KESHAVAMURTHI, R/O. HUBBALLI. …RESPONDENT (BY SRI. SUBHAS P. KOLIWAD, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W 401 OF CR.P.C. SEEKING TO CALL FOR THE ENTIRE RECORDS ON THE FILE OF JMFC-I COURT HUBBALLI IN C.C.NO. 982/2018 ORDER DATED 21.02.2022 AND ORDER PASSED BY THE I ADDL. DISTRICT AND SESSION JUDGE DHARWAD SITTING AT HUBBALLI IN CRL.APPEAL NO. 5028/2022 DATED 25.01.2023 AND ALLOW THIS PETITION BY SETTING ASIDE JUDGMENT DATED 25.01.2023 PASSED BY THE I ADDL. DISTRICT AND SESSION JUDGE DHARWAD SITTING AT HUBBALLI IN CRL.APPEAL NO. 5028/2022 AND CONSEQUENTLY SET ASIDE THE JUDGMENT DATED 21.02.2022 PASSED BY JMFC I COURT HUBBALLI IN C.C.NO. 982/2018 FOR THE OFFENCE P/U/S 138 OF NI ACT, IN THE INTEREST OF JUSTICE. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.17 16:59:28 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2342 CRL.RP No. 100077 of 2023 THIS PETITION, 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 respondent. 2. After arguing the matter for sometime, learned counsel for the revision petitioners files a memo. Memo reads as under: “Herein, both Petitioner respectfully to submits as under: 1. That the petitioner / accused herein challenged the order passed by the Hon'ble Ist Addl District and Sessions Judge Dharwad, in Crl.Appeal No; 5028/2022 dated 25/01/2023 and order passed by the Hon'ble Ist JMFC Hubballi in CC No 982/2018 dated 21/02/2022 for the offence under section 138 OF Negotiable Instruments Act preferred this revision before this Hon'ble court. 2. That the Trial court after having heard the matter on both sides and documents placed before the court, the Hon'ble Ist JMFC. Hubballi in C.C. No 982/2018 dated 21/02/2022 was convict the petitioner with fine of Rs.10,40,000/- out of which Rs.5000/- is compensation to be state for the said offence. 3. Thereafter, the Petitioner preferred Cri. Appeal No: 5028/2022 before Ist Addl. District & Sessions Judge, Dharwad. The said Hon'ble Court confirmed orders passed by the Ist JMFC in CC No.982/2018 dated 25/01/2023. - 3 - HC-KAR NC: 2026:KHC-D:2342 CRL.RP No. 100077 of 2023 Thereafter petitioner filed appeal before this Hon'ble Court and suspend the sentence of Trail Court and order to deposit the 50% cheque amount. 4. Thereafter petitioner deposited Rs.2,60,000/- before trail Court. The above matter listed on today in final Hearing. The petitioner has ready to deposit remaining fine amount of Rs. 7,80,000/- as a order pass by the Honble Trial Court which is fallows: A) That the petitioner shall deposit Rs.2,00,000/- on or before 28th Feb 2026. B) That, the petitioner shall deposit an amount of Rs.1,00,000/-each. Which commence from 15th March 2026, 15th April 2026,15th May 2026, 15th June 2026, 15th July 2026 and Rs. 80,000/- on 15th August 2026. Hence the petitioner want to pay the entire amount as per memo. Hence this memo.” In view of memo this Hon'ble Court be pleased to set aside the order passed by Hon'ble Ist Addl. District and Sessions Judge Dharwad in Crl. Appeal No; 5028/2022 dated 25/01/2023 and order passed by the Hon'ble Ist JMFC Hubli in CC No 982/2018 dated 21/02/2023 for the offence under section 138 OF Negotiable Instruments Act and acquit the petitioner from offence in the interest of justice.” 3. Placing the memo on record, revision petition stands disposed of. - 4 - HC-KAR NC: 2026:KHC-D:2342 CRL.RP No. 100077 of 2023 4. It is made clear that the amount as mentioned in the memo if not paid, accused shall undergo imprisonment as ordered by the learned Trial Magistrate. Sd/- (V.SRISHANANDA) JUDGE kcm CT-CMU LIST NO.: 1 SL NO.: 84