IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1570 OF 2022 BETWEEN:

1. THE CITIZEN CO. OPERATIVE BANK LTD., OFFICE AT 651/A 1^ST MAIN ROAD, D DIVISION

2^ND STAGE DR. RAJKUMAR ROAD, RAJAJINAGARA BENGALURU - 560 010 BY ITS MANAGER (SRI NARENDRA GOVIND N.)

…APPELLANT (BY SRI SHIVAKUMAR S.K., ADVOCATE)

AND:

1. SRI NARASHIMA MURTHY N.

S/O. NANJAPPA AGED ABOUT 54 YEARS Digitally signed R/O. S 2, J.C.RUBY by JAYALAKSHMI LAYOUT SHARADAVANI B ANNAPOORNNESHWARI NAGARA Location: High SRIGANDHADA KAVAL Court of Karnataka BENGALURU - 560 091.

…RESPONDENT (VIDE ORDER DATED 03.02.2026, NOTICE TO RESPONDENT IS DISPENSED WITH)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION

378(4) OF CR.P.C. PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 07.04.2022 PASSED IN C.C.NO.30575/2018 BY XXVI A.C.M.M., BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT AND RESTORE THE SAME TO THE ORIGINAL FILE FOR DISPOSAL OF THE SAME ON THE MERITS OF THE MATTER.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

The app