IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.718 OF 2015 BETWEEN:

SRI ABDUL RAHIMAN S/O ANDUNHI, AGED ABOUT 63 YEARS R/O ARLAPADAVU HOUSE, PANAJE VILLAGE & POST, PUTTUR TALUK,D.K-574201 ...APPELLANT (BY SRI. HAREESH BHANDARY T., ADV.)

AND:

SRI JANARDHANA ACHARYA S/O AMBU ACHARYA, AGED ABOUT 45 YEARS R/O AJJIKALLU HOUSE, VOLAMOGRU VILLAGE, PUTTUR TALUK,D.K-574201 …RESPONDENT (BY SRI. S. RAJASHEKAR, ADV.)

THIS CRL.A. IS FILED U/S.378(4) CR.P.C PLEASED TO SET-ASIDE THE JUDGMENT ORDER DATED 22.11.2010 PASSED BY THE II ADDL. S.J., DAVANAGERE IN CRL.A.NO.88/2010 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 17.12.2025 AND COMING ON FOR "PRONOUNCEMENT OF ORDERS" THIS DAY, THE COURT, DELIVERED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

CAV JUDGMENT

Appellant-complainant has preferred this appeal against the judgment of acquittal dated 30^th May, 2015 passed in Criminal Appeal No.55 of 2014 by the V Additional District Sessions Judge, Dakshina Kannada, Mangalore, sitting at Puttur (for short "the f