IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P. SANDESH CRIMINAL APPEAL NO.1909/2019 BETWEEN:

THE VENKATARAMAN CREDIT CO-OPERATIVE SOCIETY (R), SULLIA BRANCH AT PADMA COMPLEX, OPP : INDIANA HOSPITAL, PUMPWELL, MANGALURU, D.K. DISTRICT-575 001.

REPRESENTED BY ITS BRANCH MANAGER, SRI. VIMALAKSHA P., AGED ABOUT 43 YEARS. … APPELLANT (BY SRI. BALAKRISHNA M.R., ADVOCATE)

AND:

SRI. GOWTAM S/O. LATE GOPALAKRISHNA, AGED ABOUT 33 YEARS, R/AT NO.7-27, NEAR LAKSHMI VENKATESHWARA TEMPLE, TENKULIPADY VILLAGE, POST MALALI, MANGALURU TALUK, D.K. DISTRICT-574 165. … RESPONDENT (BY SRI. J. SATHISH KUMAR, ADVOCATE)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4)

OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 06.09.2019 PASSED BY THE JMFC (V COURT), MANGALURU, D.K. DISTRICT IN C.C.NO.1273/2017 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT AND ETC.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 18.07.2025 THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

CAV JUDGMENT

Heard the learned Counsel for the ap