IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 24^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO.200016 OF 2024 (378(Cr.PC)/419(BNSS))

BETWEEN:

M/S SUVARNA JYOTI FINANCE CORPORATION (R)

THROUGH ITS PARTNER SRI SHARNABASAPPA S/O REVAPPA CHALKE, AGE: 54 YEARS, OCC: BUSINESS AND MANAGING PARTNER, IN THE ABOVE FINANCE, R/O. SUVARNA TOWER, III^RD FLOOR, 7-1214/B/1, MAHALAXMI LAYOUT, HUMNABAD ROAD, KALABURAGI-585101.

…APPELLANT (BY SRI SHARANABASAPPA K. BABSHETTY, ADVOCATE)

AND:

SRI MUKESH S/O VIJAYKUMAR, AGE: 40 YEARS, R/O. H.NO. 6-676/A, NEAR GULZAR SCHOOL, PUTANI GALLI, RANGEEN MASJID, KALABURAGI-585101.

…RESPONDENT (BY SRI SYED FAYAZUDDIN, ADVOCATE)

THIS CRL.A. IS FILED U/S. 378 (4) OF CR.P.C PRAYING TO SET ASIDE THE JUDGEMENT AND ORDER DATED 06.12.2023 PASSED BY THE I ADDL. CIVIL JUDGE AND JMFC AT KALABURAGI IN C C NO.4826/2018 AND CONVICT THE RESPONDENT/ACCUSED FOR THE OFFENCE U/SEC 138 OF N.I ACT.

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

CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

This appeal under Section 378(4) of Cr.P.