Karnataka High Court
Sri Sharanappa S/O Gurappa Pujar vs Smt Vijayalakshmi W/O Gurulingappa ... on 14 January, 2026
Author: V.Srishananda
Bench: V.Srishananda
-1-
NC: 2026:KHC-D:460
CRL.RP No. 100252 of 2025
C/W CRL.RP No. 100142 of 2025
AND 14 OTHERS
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 14TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL REVISION PETITION NO. 100252 OF 2025
(397(CR.PC)/438(BNSS))
C/W
CRIMINAL REVISION PETITION NO. 100142 OF 2025
CRIMINAL REVISION PETITION NO. 100146 OF 2025
CRIMINAL REVISION PETITION NO. 100148 OF 2025
CRIMINAL REVISION PETITION NO. 100149 OF 2025
CRIMINAL REVISION PETITION NO. 100150 OF 2025
CRIMINAL REVISION PETITION NO. 100151 OF 2025
CRIMINAL REVISION PETITION NO. 100152 OF 2025
CRIMINAL REVISION PETITION NO. 100153 OF 2025
CRIMINAL REVISION PETITION NO. 100253 OF 2025
CRIMINAL REVISION PETITION NO. 100254 OF 2025
CRIMINAL REVISION PETITION NO. 100255 OF 2025
CRIMINAL REVISION PETITION NO. 100256 OF 2025
CRIMINAL REVISION PETITION NO. 100257 OF 2025
CRIMINAL REVISION PETITION NO. 100258 OF 2025
CRIMINAL REVISION PETITION NO. 100259 OF 2025
IN CRL.RP NO. 100252/2025
Digitally signed by
CHANDRASHEKAR
LAXMAN
BETWEEN:
KATTIMANI
Location: High
Court of Karnataka,
Dharwad Bench SRI. SHARANAPPA S/O GURAPPA PUJAR
AGE. 48 YEARS, OCC. TEACHER,
R/O. H.NO.80, PADMAVATI NILAYA,
NEAR S B I, APARTMENT,
RAJ NAGAR, HUBBALLI 580030.
...PETITIONER
(BY SRI. G.S. MOT, ADVOCATE)
AND:
SMT. VIJAYALAKSHMI W/O GURULINGAPPA UNKAL
AGE. 38 YEARS, OCC. PRIVATE WORK,
-2-
NC: 2026:KHC-D:460
CRL.RP No. 100252 of 2025
C/W CRL.RP No. 100142 of 2025
AND 14 OTHERS
HC-KAR
R/O. YEMMETTI, TQ. KALAGHATAGI,
DIST. DHARWAD 581204.
...RESPONDENT
(BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W 401 OF CR.P.C. (438 R/W 442 OF BNSS),
PRAYING TO CALL FOR THE RECORDS OF TRIAL COURT AND
1ST APPELLATE COURT AND MODIFY THE ORDER DATED
09.01.2025 PASSED BY THE 1ST ADDITIONAL DISTRICT AND
SESSIONS COURT, DHARWAD, SITTING AT HUBBALLI IN CRL.
A. NO. 5108/2024 BY RESTORING THE ORDER DATED
16/11/2023 PASSED BY THE J.M.F.C. I COURT, AT HUBBALLI
IN C.C. NO.97/2021 FOR THE OFFENCE PUNISHABLE U/SEC.
138 OF N I ACT, IN THE INTEREST OF JUSTICE.
IN CRL.RP NO. 100142/2025:
BETWEEN:
SMT. VIJAYALAKSHMI W/O GURULINGAPPA UNKAL
OCC. PRIVATE WORK, AGE. 38 YEARS,
R/O YEMMETTI, TQ. KALAGHATAGI,
DIST. DHARWAD 581204.
...PETITIONER
(BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)
AND:
SRI. SHARANAPPA S/O GURAPPA PUJAR
AGE. 47 YEARS, OCC. TEACHER,
R/O H.NO. 80, PADMAVATI NILAYA,
NEAR SBI APARTMENT, RAJ NAGAR,
HUBBALLI, DIST. DHARWAD 580032.
...RESPONDENT
(BY SRI. G.S. MOT, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 438 R/W 442 OF BNSS, PRAYING TO SET ASIDE
THE ORDER OF CONVICTION DATED 09.01.2025 PASSED
IN CRIMINAL APPEAL NO. 5113/2024 ON THE FILE OF THE
I ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD
SITTING AT HUBBALLI AND THE ORDER OF CONVICTION
-3-
NC: 2026:KHC-D:460
CRL.RP No. 100252 of 2025
C/W CRL.RP No. 100142 of 2025
AND 14 OTHERS
HC-KAR
DATED 16.11.2023 PASSED IN C.C.NO. 1985/2021 ON THE
FILE OF THE I JMFC, HUBBALLI FOR THE OFFENCE
P/U/SEC. 138 OF NI ACT AND CONSEQUENTLY DISMISS
THE SAID C.C. NO.1985/2021 IN THE INTEREST OF
JUSTICE AND EQUITY.
IN CRL.RP NO. 100146/2025:
BETWEEN:
SMT. VIJAYALAKSHMI W/O GURULINGAPPA UNKAL
OCC. PRIVATE WORK, AGE 38 YEARS,
R/O. YEMMETTI, TQ. KALAGHATAGI,
DIST. DHARWAD 581204.
...PETITIONER
(BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)
AND:
SRI. SHARANAPPA S/O GURAPPA PUJAR
AGE. 47 YEARS, OCC. TEACHER,
R/O. H.NO. 80, PADMAVATI NILAYA,
NEAR SBI APARTMENT, RAJ NAGAR,
HUBBALLI, DIST. DHARWAD 580032.
...RESPONDENT
(BY SRI. G.S. MOT, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 438 R/W 442 OF BNSS, PRAYING TO SET ASIDE
THE ORDER DATED 31.12.2024 PASSED IN CRIMINAL
APPEAL NO. 5106/2024 ON THE FILE OF THE LD. I ADDL.
DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT
HUBBALLI AND THE ORDER DATED 16.11.2023 PASSED IN
CC NO. 1984/2021 ON THE FILE OF THE LD. I JMFC.
HUBBALLI FOR THE OFFENCE PUNISHABLE UNDER
SECTION 138 OF N.I. ACT AND CONSEQUENTLY DISMISS
THE SAID C.C. NO. 1984/2021, IN THE INTEREST OF
JUSTICE AND EQUITY.
-4-
NC: 2026:KHC-D:460
CRL.RP No. 100252 of 2025
C/W CRL.RP No. 100142 of 2025
AND 14 OTHERS
HC-KAR
IN CRL.RP NO. 100148/2025:
BETWEEN:
SMT. VIJAYALAKSHMI W/O GURULINGAPPA UNKAL
OCC. PRIVATE WORK, AGE 38 YEARS,
R/O. YEMMETTI, TQ. KALAGHATAGI,
DIST. DHARWAD 581204.
...PETITIONER
(BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)
AND:
SRI. SHARANAPPA S/O GURAPPA PUJAR
AGE. 47 YEARS, OCC. TEACHER,
R/O H.NO. 80, PADMAVATI NILAYA,
NEAR SBI APARTMENT, RAJ NAGAR,
HUBBALLI, DIST. DHARWAD 580032.
...RESPONDENT
(BY SRI. , ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 438 R/W 442 OF BNSS, PRAYING TO ALLOW THE
PRESENT PETITION AND SET ASIDE THE ORDER DATED
31.12..2024 PASSED IN CRIMINAL APPEAL NO. 5107/2024
ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS
JUDGE, DHARWAD SITTING AT HUBBALLI AND THE ORDER
DATED 16.11.2023 PASSED IN CC NO. 96/2021 ON THE
FILE OF THE I JMFC. HUBBALLI FOR THE OFFENCE
PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND
CONSEQUENTLY DISMISS THE SAID C.C. NO. 96/2021 IN
THE INTEREST OF JUSTICE AND EQUITY.
IN CRL.RP NO. 100149/2025:
BETWEEN:
SMT. VIJAYALAKSHMI W/O GURULINGAPAP UNKAL
OCC. PRIVATE WORK, AGE 38 YEARS,
R/O YEMMETTI, TQ. KALAGHATAGI,
DIST. DHARWAD 581204.
...PETITIONER
(BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)
-5-
NC: 2026:KHC-D:460
CRL.RP No. 100252 of 2025
C/W CRL.RP No. 100142 of 2025
AND 14 OTHERS
HC-KAR
AND:
SRI. SHARANAPPA S/O GURAPPA PUJAR
AGE. 47 YEARS, OCC. TEACHER,
R/O. H.NO. 80, PADMAVATI NILAYA,
NEAR SBI APARTMENT, RAJ NAGAR,
HUBBALLI, DIST. DHARWAD 580032.
...RESPONDENT
(BY SRI. G.S. MOT, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 438 R/W 442 OF BNSS, PRAYING TO ALLOW THE
PRESENT PETITION AND SET ASIDE THE ORDER DATED
09.01.2025 PASSED IN CRIMINAL APPEAL NO. 5108/2024
ON THE FILE OF THE LD. I ADDL. DISTRICT AND SESSIONS
JUDGE, DHARWAD SITTING AT HUBBALLI AND THE ORDER
DATED 16.11.2023 PASSED IN CC NO. 97/2021 ON THE
FILE OF THE I JMFC. HUBBALLI FOR THE OFFENCE
PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND
CONSEQUENTLY DISMISS THE SAID C.C. NO. 97/2021 IN
THE INTEREST OF JUSTICE AND EQUITY.
IN CRL.RP NO. 100150/2025:
BETWEEN:
SMT. VIJAYALAKSHMI W/O GURULINGAPPA UNKAL
OCC. PRIVATE WORK, AGE 38 YEARS,
R/O YEMMETTI, TQ. KALAGHATAGI,
DIST. DHARWAD 581204.
...PETITIONER
(BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)
AND:
SHRI. SHARANAPPA S/O GURAPPA PUJAR
AGE. 47 YEARS, OCC. TEACHER,
R/O. H.NO. 80, PADMAVATI NILAYA,
NEAR SBI APARTMENT, RAJ NAGAR,
HUBBALLI, DIST. DHARWAD 580032.
...RESPONDENT
(BY SRI. G.S. MOT, ADVOCATE)
-6-
NC: 2026:KHC-D:460
CRL.RP No. 100252 of 2025
C/W CRL.RP No. 100142 of 2025
AND 14 OTHERS
HC-KAR
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 438 R/W 442 OF BNSS, PRAYING TO ALLOW THE
PRESENT PETITION AND SET ASIDE THE ORDER DATED
09.01.2025 PASSED IN CRIMINAL APPEAL NO. 5109/2024
ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS
JUDGE, DHARWAD SITTING AT HUBBALLI AND THE ORDER
DATED 16.11.2023 PASSED IN CC NO. 98/2021 ON THE
FILE OF THE I JMFC. HUBBALLI FOR THE OFFENCE
PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND
CONSEQUENTLY DISMISS THE SAID C.C. NO. 98/2021 IN
THE INTEREST OF JUSTICE AND EQUITY.
IN CRL.RP NO. 100151/2025:
BETWEEN:
SMT. VIJAYALAKSHMI W/O GURULINGAPPA UNKAL
OCC. PRIVATE WORK, AGE 38 YEARS,
R/O YEMMETTI, TQ. KALAGHATAGI,
DIST. DHARWAD 581204.
...PETITIONER
(BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)
AND:
SRI. SHARANAPPA S/O GURAPPA PUJAR
AGE. 47 YEARS, OCC. TEACHER,
R/O. H.NO. 80, PADMAVATI NILAYA,
NEAR SBI APARTMENT, RAJ NAGAR,
HUBBALLI, DIST. DHARWAD 580032.
...RESPONDENT
(BY SRI. G.S. MOT, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 438 R/W 442 OF BNSS, PRAYING TO ALLOW THE
PRESENT PETITION SET ASIDE THE ORDER DATED
09.01.2025 PASSED IN CRIMINAL APPEAL NO. 5110/2024
ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS
JUDGE, DHARWAD SITTING AT HUBBALLI AND THE ORDER
DATED 16.11.2023 PASSED IN CC NO. 103/2021 ON THE
FILE OF THE I JMFC. HUBBALLI FOR THE OFFENCE
PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND
CONSEQUENTLY DISMISS THE SAID C.C. NO. 103/2021 IN
THE INTEREST OF JUSTICE AND EQUITY.
-7-
NC: 2026:KHC-D:460
CRL.RP No. 100252 of 2025
C/W CRL.RP No. 100142 of 2025
AND 14 OTHERS
HC-KAR
IN CRL.RP NO. 100152/2025:
BETWEEN:
SMT. VIJAYALAKSHMI W/O GURULINGAPPA UNKAL
OCC. PRIVATE WORK, AGE. 38 YEARS,
R/O. YEMMETTI, TQ. KALAGHATAGI,
DIST. DHARWAD 581204.
...PETITIONER
(BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)
AND:
SRI. SHARANAPPA S/O GURAPPA PUJAR
AGE. 47 YEARS, OCC. TEACHER,
R/O H.NO. 80, PADMAVATI NILAYA,
NEAR SBI APARTMENT, RAJ NAGAR,
HUBBALLI, DIST. DHARWAD 580032.
...RESPONDENT
(BY SRI. G.S. MOT, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 438 R/W 442 OF BNSS, PRAYING TO ALLOW THE
PRESENT PETITION AND SET ASIDE THE ORDER DATED
09.01.2025 PASSED IN CRIMINAL APPEAL NO. 5111/2024
ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS
JUDGE, DHARWAD SITTING AT HUBBALLI AND THE ORDER
DATED 16.11.2023 PASSED IN CC NO. 1982/2021 ON THE
FILE OF THE LD. I JMFC. HUBBALLI FOR THE OFFENCE
PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND
CONSEQUENTLY DISMISS THE SAID C.C. NO. 1982/2021
IN THE INTEREST OF JUSTICE AND EQUITY.
IN CRL.RP NO. 100153/2025:
BETWEEN:
SMT. VIJAYALAKSHMI W/O GURULINGAPPA UNKAL
OCC. PRIVATE WORK, AGE. 38 YEARS,
R/O YEMMETTI, TQ. KALAGHATAGI,
DIST. DHARWAD 581204.
...PETITIONER
(BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)
-8-
NC: 2026:KHC-D:460
CRL.RP No. 100252 of 2025
C/W CRL.RP No. 100142 of 2025
AND 14 OTHERS
HC-KAR
AND:
SRI. SHARANAPPA S/O GURAPPA PUJAR
AGE 47 YEARS, OCC. TEACHER,
R/O H.NO. 80, PADMAVATI NILAYA,
NEAR SBI APARTMENT, RAJ NAGAR,
HUBBALLI, DIST. DHARWAD 580032.
...RESPONDENT
(BY SRI. G.S. MOT, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 438 R/W 442 OF BNSS, PRAYING TO ALLOW THE
PRESENT PETITION SET ASIDE THE ORDER DATED
09.01.2025 PASSED IN CRIMINAL APPEAL NO. 5112/2024
ON THE FILE OF THE LD. I ADDL. DISTRICT AND SESSIONS
JUDGE, DHARWAD SITTING AT HUBBALLI AND THE ORDER
DATED 16.11.2023 PASSED IN CC NO. 1983/2021 ON THE
FILE OF THE LD. I JMFC. HUBBALLI FOR THE OFFENCE
PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND
CONSEQUENTLY DISMISS THE SAID C.C. NO. 1983/2021
IN THE INTEREST OF JUSTICE AND EQUITY.
IN CRL.RP NO. 100253/2025:
BETWEEN:
SRI SHARANAPPA S/O GURAPPA PUJAR
AGE. 48 YEARS, OCC. TEACHER,
R/O. H.NO.80, PADMAVATI NILAYA,
NEAR S B I APARTMENT, RAJ NAGAR,
HUBBALLI 580030.
...PETITIONER
(BY SRI. G.S. MOT, ADVOCATE)
AND:
SMT. VIJAYALAKSHMI W/O GURULINGAPPA UNKAL
AGE. 38 YEARS, OCC. PRIVATE WORK,
R/O. YEMMETTI, TQ. KALAGHATAGI,
DIST. DHARWAD 581204.
...RESPONDENT
(BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)
-9-
NC: 2026:KHC-D:460
CRL.RP No. 100252 of 2025
C/W CRL.RP No. 100142 of 2025
AND 14 OTHERS
HC-KAR
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 438 R/W 442 OF BNSS 2023, PRAYING TO CALL
FOR THE RECORDS OF TRIAL COURT AND 1ST APPELLATE
COURT AND MODIFY THE ORDER DATED 09.01.2025
PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS
COURT, DHARWAD, SITTING AT HUBBALLI IN CRL. A. NO.
5111/2024 BY RESTORING THE ORDER DATED 16/11/2023
PASSED BY THE J.M.F.C. I COURT, AT HUBBALLI IN C.C.
NO. 1982/2021 FOR THE OFFENCE PUNISHABLE U/SEC.
138 OF N I ACT IN THE INTEREST OF JUSTICE.
IN CRL.RP NO. 100254/2025:
BETWEEN:
SRI SHARANAPPA S/O GURAPPA PUJAR
AGE. 48 YEARS, OCC. TEACHER,
R/O. H.NO. 80, PADMAVATI NILAYA,
NEAR SBI APARTMENT,
RAJ NAGAR, HUBBALLI 580030.
...PETITIONER
(BY SRI. G.S. MOT, ADVOCATE)
AND:
SMT. VIJAYALAKSHMI W/O GURULINGAPPA UNKAL
AGE. 38 YEARS, OCC. PRIVATE WORK,
R/O. YEMMETTI, TQ. KALAGHATAGI,
DIST. DHARWAD 581204.
...RESPONDENT
(BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 438 R/W 442 OF BNSS 2023, PRAYING TO CALL
FOR THE RECORDS OF TRIAL COURT AND 1ST APPELLATE
COURT AND MODIFY THE ORDER DATED 09.01.2025
PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS
COURT, DHARWAD, SITTING AT HUBBALLI IN CRL. A. NO.
5112/2024 BY RESTORING THE ORDER DATED 16/11/2023
PASSED BY THE J.M.F.C. I COURT, AT HUBBALLI IN C.C.
NO. 1983/2021 FOR THE OFFENCE PUNISHABLE U/SEC.
138 OF N I ACT, IN THE INTEREST OF JUSTICE.
- 10 -
NC: 2026:KHC-D:460
CRL.RP No. 100252 of 2025
C/W CRL.RP No. 100142 of 2025
AND 14 OTHERS
HC-KAR
IN CRL.RP NO. 100255/2025:
BETWEEN:
SRI. SHARANAPPA S/O GURAPPA PUJAR
AGE. 48 YEARS, OCC. TEACHER,
R/O. H.NO. 80, PADMAVATI NILAYA,
NEAR SBI APARTMENT,
RAJ NAGAR, HUBBALLI 580030.
...PETITIONER
(BY SRI. G.S. MOT, ADVOCATE)
AND:
SMT. VIJAYALAKSHMI W/O GURULINGAPPA UNKAL
AGE. 38 YEARS, OCC. PRIVATE WORK,
R/O. YEMMETTI, TQ. KALAGHATAGI,
DIST. DHARWAD 581204.
...RESPONDENT
(BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 438 R/W 442 OF BNSS 2023, PRAYING TO CALL
FOR THE RECORDS OF TRIAL COURT AND 1ST APPELLATE
COURT AND MODIFY THE ORDER DATED 09.01.2025
PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS
COURT, DHARWAD, SITTING AT HUBBALLI IN CRL. A. NO.
5113/2024 BY RESTORING THE ORDER DATED 16/11/2023
PASSED BY THE J.M.F.C. I COURT, AT HUBBALLI IN C.C.
NO. 1985/2021 FOR THE OFFENCE PUNISHABLE U/SEC.
138 OF N I ACT. IN THE INTEREST OF JUSTICE.
IN CRL.RP NO. 100256/2025:
BETWEEN:
SRI SHARANAPPA S/O GURAPPA PUJAR
AGE. 48 YEARS, OCC. TEACHER,
R/O. H.NO. 80, PADMAVATI NILAY,
NEAR SBI APARTMENT,
RAJ NAGAR, HUBBALLI 580030.
...PETITIONER
(BY SRI. G.S. MOT, ADVOCATE)
- 11 -
NC: 2026:KHC-D:460
CRL.RP No. 100252 of 2025
C/W CRL.RP No. 100142 of 2025
AND 14 OTHERS
HC-KAR
AND:
SMT VIJAYALAKSHMI W/O GURULINGAPPA UNKAL
AGE. 38 YEARS, OCC. PRIVATE WORK,
R/O. YEMMETTI, TQ. KALAGHATAGI,
DIST. DHARWAD 581204.
...RESPONDENT
(BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 438 R/W 442 OF BNSS 2023, PRAYING TO CALL
FOR THE RECORDS OF TRIAL COURT AND 1ST APPELLATE
COURT AND MODIFY THE ORDER DATED 31.12.2024
PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS
COURT, DHARWAD, SITTING AT HUBBALLI IN CRL. A. NO.
5106/2024 BY RESTORING THE ORDER DATED 16/11/2023
PASSED BY THE J.M.F.C. I COURT, AT HUBBALLI IN C.C.
NO. 1984/2021 FOR THE OFFENCE PUNISHABLE U/SEC.
138 OF N I ACT IN THE INTEREST OF JUSTICE AND
EQUITY.
IN CRL.RP NO. 100257/2025:
BETWEEN:
SRI SHARANAPPA S/O GURAPPA PUJAR
AGE. 48 YEARS, OCC. TEACHER,
R/O. H.NO. 80, PADMAVATI NILAYA,
NEAR S.B.I. APARTMENT,
RAJ NAGAR, HUBBALLI 580030.
...PETITIONER
(BY SRI. MOT GOURISHANKAR HARISHCHANDRA,
ADVOCATE)
AND:
SMT. VIJAYALAKSHMI W/O GURULINGAPPA UNKALL
AGE. 38 YEARS, OCC. PRIVATE WORK,
R/O. YEMMETTI, TQ. KALAGHATAGI,
DIST. DHARWAD 581204.
...RESPONDENT
(BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)
- 12 -
NC: 2026:KHC-D:460
CRL.RP No. 100252 of 2025
C/W CRL.RP No. 100142 of 2025
AND 14 OTHERS
HC-KAR
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 438 R/W 442 OF BNSS 2023, PRAYING TO CALL
FOR THE RECORDS OF TRIAL COURT AND 1ST APPELLATE
COURT AND MODIFY THE ORDER DATED 09.01.2025
PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS
COURT, DHARWAD, SITTING AT HUBBALLI IN CRL. A. NO.
5109/2024 BY RESTORING THE ORDER DATED 16/11/2023
PASSED BY THE J.M.F.C. I COURT, AT HUBBALLI IN C.C.
NO. 98/2021 FOR THE OFFENCE PUNISHABLE U/SEC. 138
OF N I ACT, IN THE INTEREST OF JUSTICE AND EQUITY.
IN CRL.RP NO. 100258/2025:
BETWEEN:
SRI. SHARANAPPA S/O GURAPPA PUJAR
AGE. 48 YEARS, OCC. TEACHER,
R/O. H.NO.80 PADMAVATI NILAYA NEAR,
S B I APARTMENT RAJ NAGAR HUBBALLI 580030.
...PETITIONER
(BY SRI. MOT GOURISHANKAR HARISHCHANDRA,
ADVOCATE)
AND:
SMT. VIJAYALAKSHMI W/O GURULINGAPPA UNKAL
AGE: 38 YEARS, OCC. PRIVATE WORK,
R/O YEMMETTI, TQ. KALAGHATAGI,
DIST. DHARWAD 581204.
...RESPONDENT
(BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 438 R/W 442 OF BNSS 2023, PRAYING TO CALL
FOR THE RECORDS OF TRIAL COURT AND 1ST APPELLATE
COURT AND MODIFY THE ORDER DATED 09.01.2025
PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS
COURT, DHARWAD, SITTING AT HUBBALLI IN CRL. A. NO.
5110/2024 BY RESTORING THE ORDER DATED 16/11/2023
PASSED BY THE J.M.F.C. I COURT, AT HUBBALLI IN C.C.
NO. 103/2021 FOR THE OFFENCE PUNISHABLE U/SEC. 138
OF N I ACT IN THE INTEREST OF JUSTICE AND EQUITY.
- 13 -
NC: 2026:KHC-D:460
CRL.RP No. 100252 of 2025
C/W CRL.RP No. 100142 of 2025
AND 14 OTHERS
HC-KAR
IN CRL.RP NO. 100259/2025:
BETWEEN:
SRI SHARANAPPA S/O GURAPPA PUJAR
AGE. 48 YEARS, OCC. TEACHER,
R/O. H.NO. 80, PADMAVATI NILAYA,
NEAR S.B.I APARTMENT,
RAJ NAGAR, HUBBALLI 580030.
...PETITIONER
(BY SRI. MOT GOURISHANKAR HARISHCHANDRA,
ADVOCATE)
AND:
SMT. VIJAYALAKSHMI
W/O GURULINGAPPA UNKAL
AGE. 38 YEARS, OCC. PRIVATE WORK,
R/O. YEMMETTI, TQ. KALAGHATAGI,
DIST. DHARWAD 581204.
...RESPONDENT
(BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 438 R/W 442 OF BNSS 2023, PRAYING TO CALL
FOR THE RECORDS OF TRIAL COURT AND 1ST APPELLATE
COURT AND MODIFY THE ORDER DATED 31.12.2024
PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS
COURT, DHARWAD, SITTING AT HUBBALLI IN CRL. A. NO.
5107/2024 BY RESTORING THE ORDER DATED 16/11/2023
PASSED BY THE J.M.F.C. I COURT, AT HUBBALLI IN C.C.
NO.96/2021 FOR THE OFFENCE PUNISHABLE U/SEC. 138
OF N I ACT IN THE INTEREST OF JUSTICE AND EQUITY.
THESE CRIMINAL REVISION PETITIONS COMING ON FOR
ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-D:460
CRL.RP No. 100252 of 2025
C/W CRL.RP No. 100142 of 2025
AND 14 OTHERS
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.G.S.Mot, learned counsel and Sri.Shivaraj C. Bellakki, learned counsel for the parties.
2. These revision petitions filed by the complainant and the accused with their respective criminal case numbers, appeals and the revision petitions are tabulated as under:
Sl.No. Criminal Criminal Criminal Revision Case Appeal Petition Number Number Number Complainant 1. 97/2021 5108/2024 100252/2025 2. 1982/2021 5111/2024 100253/2025 3. 1983/2021 5112/2024 100254/2025 4. 1985/2021 5113/2024 100255/2025 5. 1984/2021 5106/2024 100256/2025 6. 98/2021 5109/2024 100257/2025 7. 103/2021 5110/2024 100258/2025 8. 96/2021 5107/2024 100259/2025
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NC: 2026:KHC-D:460 CRL.RP No. 100252 of 2025 C/W CRL.RP No. 100142 of 2025 AND 14 OTHERS HC-KAR Accused 1. 1985/2021 5113/2024 100142/2025 2. 1984/2021 5106/2024 100146/2025 3. 96/2021 5107/2024 100148/2025 4. 97/2021 5108/2024 100149/2025 5. 98/2021 5109/2024 100150/2025 6. 103/2021 5110/2024 100151/2025 7. 1982/2021 5111/2024 100152/2025 8. 1983/2021 5112/2024 100153/2025
3. Facts in the nutshell in all these revision petitions are as under:
The complainant filed eight private complaints against the accused for dishonour of eight cheques issued by the accused for want of funds.
4. Learned Trial Magistrate after completing necessary formalities, took cognizance of the offence punishable under Section 138 of the Negotiable Instruments Act and recorded the plea.
5. Accused pleaded not guilty and therefore, trial was held.
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NC: 2026:KHC-D:460 CRL.RP No. 100252 of 2025 C/W CRL.RP No. 100142 of 2025 AND 14 OTHERS HC-KAR
6. In order to establish the case of the complainant, he got examined himself as P.W.1 and placed on record necessary documentary evidence comprising of dishonored cheque, bank memo, pay-in-slip, legal notice, postal acknowledgments, returned RPAD covers, on demand promissory note, true copy of the hand loan agreement, bank passbook true copy.
7. On conclusion of the recording of evidence, accused did not choose to place any oral evidence; but placed on record eight documentary evidence comprising of certified copy of the electronic contract note, certified copy of the acknowledgment letter, memo, copy of statement of e-mail, certified copy of the passbook, certified copy of the transaction marked in passbook, certified copy of the memo, certified copy of the statement of e-mail, certified copy of the objection and certified copy of the agreement.
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NC: 2026:KHC-D:460 CRL.RP No. 100252 of 2025 C/W CRL.RP No. 100142 of 2025 AND 14 OTHERS HC-KAR
8. Practically, almost same material evidence are found in all the eight cases.
9. Learned Trial Magistrate after considering the rival contentions of the parties, noted that in view of the hand loan agreement and the promissory note executed by the accused, placing the dishonored cheque, bank endorsement and copy of the legal notice, complainant has discharged the initial burden so as to raise the presumption under Section 139 of the Negotiable Instruments Act.
10. Learned Trial Magistrate noted that the rebuttal evidence placed on record by way of documents, did not advance the defence taken by the accused that the amount was not paid to the accused but it was credited to the demat account of the complainant itself and convicted the accused and imposed double the cheque amount as compensation in each of the cases.
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NC: 2026:KHC-D:460 CRL.RP No. 100252 of 2025 C/W CRL.RP No. 100142 of 2025 AND 14 OTHERS HC-KAR
11. Being aggrieved by the same, it is the accused who has filed eight criminal appeals as referred to supra in the tabular column.
12. Learned Judge in the First Appellate Court after securing the records, heard the arguments of the parties in detail and allowed the appeal in part while maintaining the conviction of the accused for the offence punishable under Section 138 of the Negotiable Instruments Act and reduced the fine amount from double the cheque amount to sum of Rs.1,34,000/- each in respect of the cheques at Rs.1,00,000/- and of which sum of Rs.10,000/- was ordered to be appropriated towards the defraying expenses of the State and sum of Rs.1,24,000/- in each of the cases to be paid as compensation to the complainant.
13. Being aggrieved by the same, complainant has filed the revision petitions as referred to supra seeking enhanced compensation whereas the accused has
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NC: 2026:KHC-D:460 CRL.RP No. 100252 of 2025 C/W CRL.RP No. 100142 of 2025 AND 14 OTHERS HC-KAR challenged the conviction and imposition of the fine in the revision petitions as referred to supra.
14. Learned counsel for the revision petitioner/accused would contend that since there is no proper proof of payment of the hand loan amount and the amount is credited to the demat account of the complainant itself, there was no legally recoverable debt. As such, conviction of the revision petitioner under Section 138 of the Negotiable Instruments Act itself is incorrect and both the Courts have erred in convicting the accused and sought for allowing the revision petitions and acquit the accused.
15. On the contrary, learned counsel for the respondents/complainant would contend that the transaction is of the year 2020 and taking note of the false defence raised by the accused, learned Trial Magistrate was justified in imposing double the cheque amount as the fine amount and same was ordered to be paid as
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NC: 2026:KHC-D:460 CRL.RP No. 100252 of 2025 C/W CRL.RP No. 100142 of 2025 AND 14 OTHERS HC-KAR compensation to the complainant and sum of Rs.10,000/- was ordered to be paid as defraying expense of the State which has been improperly scaled down by the learned Judge in the First Appellate Court and sought for restoring the judgment of the Trial Court and award the compensation at the rate of Rs.2,00,000/- as against the cheque amount of Rs.1,00,000/- and sought for allowing the revision petitions.
16. Having heard the arguments of both sides, this Court perused the material on record meticulously.
17. On such perusal of the material on record, there is no dispute that the cheques in question are belonging to the accused and signature found therein is that of the accused.
18. When a cheque is issued and signature found therein is not disputed, statutory presumption as is available under Section 139 of the Negotiable Instruments Act can be raised by the learned Trial Magistrate.
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NC: 2026:KHC-D:460 CRL.RP No. 100252 of 2025 C/W CRL.RP No. 100142 of 2025 AND 14 OTHERS HC-KAR
19. In the case on hand, not only production of the dishonored cheques, but also the bank endorsement, legal notice, certificate, copy of the hand loan agreement and promissory note are also placed on record, which would establish that the initial burden has been discharged by the complainant to raise the presumption available under Section 139 of the Negotiable Instruments Act.
20. No doubt, such a presumption is a rebuttal presumption.
21. In order to rebut the presumption, there is no oral evidence placed on record by the accused.
22. However, documents that are placed on record by the accused are practically similar in all the eight cases which are nothing but certified copy of electronic contract note and certified copy of the acknowledgment letter etc.
23. Learned Trial Magistrate took into consideration probative value of Exs.D.1 to D.8 and noted that the
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NC: 2026:KHC-D:460 CRL.RP No. 100252 of 2025 C/W CRL.RP No. 100142 of 2025 AND 14 OTHERS HC-KAR accused did not rebut the presumption available to the complainant in paragraph No.7 in detail.
24. It is also noted by the learned Trial Magistrate that the amount of Rs.8,00,000/- had been repaid by the accused is the defence and to prove the same, demat account of the Enrich Financial Service Private Limited from the account of Corporation Bank is taken note of.
25. Complainant had maintained a demat account in the Corporation Bank. However, the material documents do not establish the fact that the amount covered under the loan agreement is the amount that was transferred to his demat account.
26. Moreover, under Section 118 of the Negotiable Instruments Act, whenever an on demand promissory note and consideration receipt are placed on record, yet another statutory presumption is available in favour of the complainant as to the consideration under the on demand promissory note.
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NC: 2026:KHC-D:460 CRL.RP No. 100252 of 2025 C/W CRL.RP No. 100142 of 2025 AND 14 OTHERS HC-KAR
27. If it is the case of the accused that the blank cheques have been misused by the complainant, there should have been a counter complaint for misappropriation of the valuable security by the accused.
28. For the reasons best known, till today, no such attempt has been made by the accused. At least after the conviction, there could have been a criminal case filed against the complainant if there is a real misuse and if no amount has been received by the accused as per the hand loan agreement. No such attempt is made by the accused.
29. The suggestions made to the complainant in the cross-examination are emphatically denied by the complainant and explanation offered is a plausible and acceptable explanation which has been rightly appreciated by the learned Trial Judge while passing an order of conviction.
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NC: 2026:KHC-D:460 CRL.RP No. 100252 of 2025 C/W CRL.RP No. 100142 of 2025 AND 14 OTHERS HC-KAR
30. Under such circumstances, recording an order of conviction by the learned Trial Magistrate confirmed by the First Appellate Court needs no interference by this Court, that too in the limited scope of revisional jurisdiction.
31. Now coming to the question of the revision petitions filed by the complainant seeking enhanced compensation is concerned, no good grounds are made out by the complainant nor foundational facts are placed on record nor special reasons are assigned by the learned Trial Magistrate for imposing double the cheque amount as fine amount.
32. Moreover, maximum amount of the fine that can be imposed by the learned Trial Magistrate is double the cheque amount whereas the learned Trial Magistrate has gone to the extent of imposing Rs.2,10,000/- as the fine amount which is per se incorrect which has been set right by the learned Judge in the First Appellate Court.
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NC: 2026:KHC-D:460 CRL.RP No. 100252 of 2025 C/W CRL.RP No. 100142 of 2025 AND 14 OTHERS HC-KAR
33. However, learned Trial Magistrate and learned Judge in the First Appellate Court both erred in imposing sum of Rs.10,000/- as the fine amount towards the defraying expenses of the State which needs interference by this Court inasmuch as no State machinery is involved in a case involving the offence under Section 138 of the Negotiable Instruments Act and therefore, that portion of the order wherein the First Appellate Court has allowed sum of Rs.10,000/- to be paid as defraying expenses of the State needs to be set aside and sum of Rs.10,000/- is ordered to be paid as compensation to the complainant which would meet the ends of justice.
34. Accordingly, following:
ORDER i. Revision petitions filed by the accused in Crl.R.P.Nos.100142/2025, 100146/2025, 100148/2025, 100149/2025, 100150/2025,
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NC: 2026:KHC-D:460
CRL.RP No. 100252 of 2025
C/W CRL.RP No. 100142 of 2025
AND 14 OTHERS
HC-KAR
100151/2025, 100152/2025 and
100152/2025 are hereby dismissed.
ii. Revision petitions filed by the complainant in Crl.R.P.Nos.100252/2025, 100253/2025, 100254/2025, 100255/2025, 100256/2025, 100257/2025, 100258/2025 and 100259/2025 are allowed in part.
iii. As against sum of Rs.1,24,000/- ordered by the First Appellate Court as the compensation, the revision petitioners are entitled for payment of entire amount of Rs.1,34,000/- as compensation in each of the cases.
iv. Four weeks time is granted for the revision petitioner to pay the balance fine amount, failing which the complainant is at liberty to execute the order of the learned Trial
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NC: 2026:KHC-D:460 CRL.RP No. 100252 of 2025 C/W CRL.RP No. 100142 of 2025 AND 14 OTHERS HC-KAR Magistrate which has been modified by this Court in accordance with law.
v. Amount in deposit is ordered to be withdrawn by the complainant under due identification.
Sd/-
(V.SRISHANANDA) JUDGE KAV CT:CMU LIST NO.: 2 SL NO.: 93