IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 1^ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 200277 OF 2024 (378(Cr.PC)/419(BNSS))

BETWEEN:

SRI ALLISAB S/O NABISAB PATEL, AGED ABOUT 51 YEARS, OCC: AGRICULTURE, R/O. NANDYAL VILLAGE, TQ. BABALESHWAR, DIST. VIJAYAPUR.

…APPELLANT (BY SRI S. S. MAMADAPUR, ADVOCATE)

AND:

SRI AYUB S/O MOHOMMAD YUSUF NALABAND, AGED ABOUT 47 YEARS, OCC: BUSINESS, R/O. NALABAND GARDEN MOHASIN MANJIL, NEAR BADIKAMAN, VIJAYAPURA-586101.

…RESPONDENT (BY SRI J. AUGUSTIN, ADVOCATE)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION

378 (4) OF CR.P.C (OLD), U/S. 419(4) OF BNSS PRAYING TO SET ASIDE THE JUDGMENT DATED 22.03.2024 PASSED BY THE HON’BLE IV ADDL. DISTRICT AND SESSIONS JUDGE, VIJAYPUR IN CRIMINAL APPEAL NO. 39/2023 AND RESTORE THE JUDGMENT OF CONVICTION DATED 20.03.2023 PASSED BY THE HON’BLE III ADDL. CIVIL JUDGE AND JMFC, VIJAYPUR IN CC NO. 6430/2020 AND CONSEQUENTLY CONVICT THE RESPONDENT FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT.

THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS JUSTICE M G UMA ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE M G