IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 09^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100089 OF 2023 (397(CR.PC)/438(BNSS))

BETWEEN:

MANJUNATH B. SUNAGAR AGE. 40 YEARS, OCC. ADMINISTRATIVE OFFICER, BAILHONGAL, DIST. BELAGAVI, C/O. LOKESH SUNAGAR, KALAKAR ONI, HANAGAL, DIST. HAVERI, PIN 581104.

…PETITIONER (BY SRI. G.N. NARASAMMANAVAR, ADVOCATE)

AND:

JANASPNDANA MAHILA VIVIDHODESHAGALA SEVA SANGH REPRESENTED BY CHANDRASHEKAR LAX MAN SMT. JYOTI W/O. NAGARAJ HANGAL, KATTIMANI AGE. 34 YEARS, R/O. MUNDARGI 582118, DIST. GADAG.

…RESPONDENT (BY MISS. KAVYA YELIGAR, ADVOCATE FOR SRI. H.N. GULARADDI, Digitally signed by CHANDRASHEKAR ADVOCATE)

LAXMAN KATTIMANI Date: 2026.02.16 THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W

16:23:17 +0530 SEC. 401 OF CR.P.C. SEEKING TO CALL FOR THE TRIAL COURT AND APPELLATE COURT RECORDS AND SET ASIDE THE ORDER DATED 03.01.2023 PASSED BY THE I ADDL. PRINCIPAL FAMILY COURT, GADAG IN CRIMINAL APPEAL NO. 18/2020 IN CONFIRMING THE JUDGMENT AND ORDER DATED 17.03.2020 PASSED BY THE CIVIL JUDGE AND JMFC, MUNDARAGI IN C.C.NO. 423/2017 AND THE PETITIONER BE ACQUITTED FROM THE ALLEGED OFFENCE U/SEC. 138 OF N I ACT, 1881.

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

Heard Sri.G.N.Narasammanavar, learned counsel for the petitioner and Miss. Kavya Yeligar, learned counsel appearing on behalf of Sri.H.N.Gularaddi, learned counsel for the respondent.

2. Accused who has suffered an order of conviction in C.C No.423/2017 dated 17.03.2020 on the file of the Civil Judge and JMFC, Mundaragi, for the offence punishable under Section 138 of the Negotiable Instruments Act which was confirmed in Crl.A.No.18/2020 dated 03.01.2023 on the file of I Additional Principal Family Court, Gadag is the revision petitioner.

3. Facts in the nutshell which are utmost necessary for disposal of the revision petition are as under:

3.1. A private complaint came to be lodged under Section

200 of Cr.P.C. alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments Act by contending that accused is authorized person dealing with the affairs of Shree Ganga Education Trust, Bailhongal. Complainant Sangh has moved an application seeking grant of permission to organize DTP and computer training programs for muslim women under Karnataka State Wakf Foundation of Women Development Scheme 2014–15. Accused/trust on 01.10.2014, as per the permission No.18/2014-15, has granted permission by acknowledging Rs.5,000/- from the complainant Sangh to conduct the training to the selected candidates.

3.2. It is further contended that as per the directions issued by the accused, complainant has imparted six months training to the selected trainees and submitted all the records to the accused for sanction of funds.

3.3. In this regard, accused has issued a cheque signed by the accused personally in a sum of Rs.6,00,000/- on 20.10.2016 towards expenditure to conduct the programs. Said cheque came to be dishonored on the ground ‘payment stopped by the drawer’. Thereafter, complainant sought for action against the accused.

4. Learned Trial Magistrate after completing necessary formalities, recorded the plea of the accused. Accused pleaded not guilty. Therefore, Trial was held.

5. In order to prove the case of the complainant, Smt.Jyothi, W/o Nagaraj Hanagal, is examined as P.W.1 and placed on record eleven documents which were exhibited and marked as Exs.P.1 to 11, comprising of resolution letter, cheque, Syndicate Bank memo, copy of the legal notice, postal receipt, postal cover, list of selected tailoring trainees, list of selected computer trainees, photographs and compact disc.

6. As against the evidence placed on record by the complainant, accused got examined himself as D.W.1 and placed on record fourteen documents which were exhibited and marked as Exs.D.1 to 14 compri