IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 9^TH DAY OF DECEMBER 2020

BEFORE

THE HON’BLE MR.JUSTICE RAVI V.HOSMANI

CRIMINAL APPEAL No.100240/2015

BETWEEN:

VEERAPPA S/O SIDDALINGAPPA HATTI,

AGE: 56 YEARS,

OCC: AGRICULTURE AND BUSINESS,

R/O YALMALLI ONI, MELINPETH,

HAVERI-581110.

... APPELLANT

(BY SRI N.P.VIVEKMEHTA, ADVOCATE)

AND

RAJASHEKHAR S/O GADIGEPPA SHETTAR,

AGE: 60 YEARS, OCC: BUSINESS,

R/O BANKAPUR, TQ: SHIGGAON,

DIST: HAVERI.

... RESPONDENT

(BY SRI SUNIL S.DESAI, ADVOCATE)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION

378(4) OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT

AND ORDER OF THE ADDL.CIVIL JUDGE AND J.M.F.C.,

HAVERI DATED 31.08.2015 PASSED IN C.C.NO.22/2010

AND

CONVICT

THE

RESPONDENT

FOR

OFFENCE

PUNISHABLE UNDER SECTION 138 OF N.I. ACT.

2

THIS APPEAL COMING ON FOR FINAL HEARING THIS

DAY, THE COURT, DELIVERED THE FOLLOWING:

JUDGMENT

Challenging the judgment dated 31.08.2015 passed

by

Addl.

Civil

Judge

and

J.M.F.C.,

Haveri

in

C.C.No.22/2010, acquitting accused for offence punishable

under Section 138 of the Negotiable Instruments Act,

1881 (hereinafter referred to as ‘N.I.Act’), pres