Mahammadali S/O Allabax Bepari vs Bhimgouda S/O Baburao Patil
2026 Latest Caselaw 3182 Kant

Karnataka High Court

Mahammadali S/O Allabax Bepari vs Bhimgouda S/O Baburao Patil on 10 April, 2026

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                    -1-
                                                                NC: 2026:KHC-D:5373
                                                          CRL.RP No. 100320 of 2023


                       HC-KAR




                      IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

                          DATED THIS THE 10TH DAY OF APRIL, 2026

                                             BEFORE

                           THE HON'BLE MR. JUSTICE H.P.SANDESH

                      CRIMINAL REVISION PETITION NO.100320 OF 2023
                                 (397(CR.PC)/438(BNSS))

                       BETWEEN:
                       MAHAMMADALI S/O. ALLABAX BEPARI,
                       AGE: 47 YEARS, OCC. BUSINESS,
                       R/O. KASAI GALLI, NIPPANI,
                       TQ. NIPPANI, DIST. BELAGAVI-591237.
                                                                         ...PETITIONER
                       (BY SRI. RAM P. GHORPADE, ADVOCATE)

                       AND:

                       BHIMGOUDA S/O. BABURAO PATIL,
                       AGE: 43 YEARS, OCC. BUSINESS,
                       R/O. ANKALI ROAD, APPANGOUDA NAGAR,
                       SANKESHEWAR, TQ. HUKKERI, DIST. BELAGAVI-591313.
VINAYAKA                                                              ...RESPONDENT
BV                     (BY SRI. VITTHAL S. TELI, ADVOCATE)

Digitally signed by          THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W.
VINAYAKA B V           401 OF CR.P.C. SEEKING TO CALL FOR RELEVANT RECORDS AND
Date: 2026.04.10       ALLOW THIS CRIMINAL REVISION PETITION BY SETTING ASIDE THE
14:58:25 +0530
                       ORDER DATED 04.05.2023 PASSED BY THE X ADDL. DIST. AND
                       SESSIONS JUDGE AT BELAGVI IN CRL. APPEAL NO. 39/2022 AND
                       ALSO SET ASIDE THE IMPUGNED JUDGMENT OF CONVICTION AND
                       ORDER OF SENTENCE DATED 09.11.2021 PASSED BY V J.M.F.C.
                       BELAGAVI IN C.C.NO. 1609/2021 WHICH HAS CONVICTED          THE
                       PETITIONER FOR THE OFFENCE P/U/SEC. 138 OF N.I. ACT IN THE
                       INTEREST OF JUSTICE AND EQUITY.

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

                       CORAM:   THE HON'BLE MR. JUSTICE H.P.SANDESH
                                        -2-
                                                   NC: 2026:KHC-D:5373
                                             CRL.RP No. 100320 of 2023


 HC-KAR




                                    ORAL ORDER

This matter is listed for admission.

2. This revision petition is filed against the concurrent

finding of the Trial Court as well as the First Appellate Court and

the material on record discloses that when the complainant was

examined as PW1 and got marked documents at Ex.P1 to Ex.P8,

he was not cross examined by the defence. Though reply notice

was given in terms of Ex.P8 setting the defence, the same is also

not proved by examining the revision petitioner before the Trial

Court and nothing is placed on record by the revision petitioner

to rebut the evidence of PW1. The case of PW1 is very clear that

he had lent an amount of ₹3,50,000/- by drawing the amount

from the bank to the tune of ₹4,00,000/-. The said averment is

also not contraverted by cross-examining PW1 and the revision

petitioner has also not let in rebuttal evidence against the case of

the complainant. There is no ground for admitting the revision

petition in the absence of any rebuttal evidence before the Court

and hence, the revision petition is dismissed.

SD/-

(H.P.SANDESH) JUDGE

YAN, CT:PA, LIST NO.: 1 SL NO.: 4