Dismissed¶38

Life Line Pharmaceuticals, v. M/S Unicare Pharmaceuticals

Karnataka HC14 Jan 2026CRL.RP/100166/2025

Case brief

AI extract

What is this about?

Section 138 NI Act conviction; criminal revision petition dismissed for non-prosecution; memo of retirement by counsel; withdrawal of amount in deposit subject to identification; C.C. Nos. 181/2018 and 311/2018 (Senior Civil Judge and JMFC, Nippani); Criminal Appeal Nos. 5047/2024 and 5046/2024 (VII Addl. Sessions Judge, Belagavi sitting at Chikodi); Life Line Pharmaceuticals v. Unicare Pharmaceuticals; BNSS 2023 Ss. 438, 442; Cr.P.C. Ss. 397, 401; High Court of Karnataka, Dharwad Bench; decision dated 14-01-2026; no precedent cited; no merits decided.

What did the court decide?

Withdrawal of the amount in deposit, subject to due identification (sole relief; no relief granted against the convictions sought to be set aside). ¶38

Life Line Pharmaceuticals, Vs M/S Unicare Pharmaceuticals — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Withdrawal of the amount in deposit, subject to due identification (sole relief; no relief granted against the convictions sought to be set aside).

¶38

Issue for consideration

Whether the judgments/orders of conviction and sentence under Section 138 NI Act in C.C. Nos. 181/2018 and 311/2018 and their confirmations in Criminal Appeal Nos. 5047/2024 and 5046/2024 are sustainable in law - raised through the revision prayers but NOT adjudicated, as the petitions were dismissed for non-prosecution.

¶22

Ratio / Principle

Both connected criminal revision petitions are dismissed for non-prosecution: the petitioner's counsel filed a memo of retirement with acknowledgment and the petitioner did not engage any other advocate; no question on the merits of the Section 138 convictions was considered.

¶38

Key takeaways

The amount in deposit is ordered to be withdrawn, subject to due identification.ratio¶39

Detailed headnote1 paragraphs

Criminal Revision Petitions (CRL.RP Nos. 100167 and 100166 of 2025, heard c/w) filed by Life Line Pharmaceuticals (rep. by its managing partner Sri Prakash Hari Pol) against M/s Unicare Pharmaceuticals (rep. by its managing partner Sri Vikram Kashinath Kavale) under Sec. 438 r/w 442 BNSS 2023 r/w Sections 397 and 401 Cr.P.C., praying to set aside (i) the conviction and sentence dated 20-04-2024 in C.C. No. 181/2018 for offence u/S. 138 NI Act passed by the Senior Civil Judge and JMFC, Nippani, confirmed on 09-04-2025 in Criminal Appeal No. 5047/2024 by the VII Addl. Sessions Judge, Belagavi sitting at Chikodi, and (ii) the conviction and sentence dated 20.04.2024 in C.C. No. 311/2018, confirmed on 09.04.2025 in Criminal Appeal No. 5046/2024 by the same court, as 'not sustainable in law'. At the hearing, the petitioner's counsel filed a memo of retirement along with acknowledgment and the petitioner did not engage any other advocate; the Court accordingly dismissed both petitions for non-prosecution and ordered that the amount in deposit be withdrawn subject to due identification. No issue on the merits of the Section 138 convictions was adjudicated. Per Hon'ble Mr. Justice V.Srishananda, High Court of Karnataka, Dharwad Bench, 14 January 2026.

¶1

¶2

NC: 2026:KHC-D:418 CRL.RP No. 100167 of 2025 C/W CRL.RP No. 100166 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 14^TH DAY OF JANUARY, 2026 BEFORE

¶5

THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100167 OF 2025

¶6

(397(CR.PC)/438(BNSS))

¶7

C/W

¶8

CRIMINAL REVISION PETITION NO. 100166 OF 2025

¶9

IN CRL.RP NO. 100167/2025 BETWEEN:

¶10

LIFE LINE PHARMACEUTICALS, PARTNERSHIP FIRM, REP. BY ITS MANAGING PARTNER, SRI PRAKASH HARI POL, AGE. 42 YEARS, OCC. BUSINESS, R/O. PRATAP SING CHOWK, AKLUJ, 413101 TQ. MALSHIRAS, DIST. SOLAPUR, MAHARASHTRA STATE.

¶11

…PETITIONER

¶12

(BY SRI. RAMACHANDRA A. MALI, ADVOCATE)

¶13

AND:

¶14

Digitally signed byCHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka,Dharwad Bench

¶15

M/S UNICARE PHARMACEUTICALS PARTNERSHIP FIRM, REP. BY ITS MANAGING PARTNER, SRI. VIKRAM KASHINATH KAVALE, AGE. 44 YEARS, OCC. BUSINESS, R/O.ASHOK NAGAR, NIPANI, DIST. BELAGAVI-591237.

¶16

…RESPONDENT

¶17

(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)

¶18

THIS CRIMINAL REVISION PETITION IS FILED UNDER SEC.438 R/W 442 OF BNSS 2023 R/W. SECTION 397 R/W. SECTION 401 OF CR.P.C., PRAYING TO CALL FOR THE RECORDS IN C.C. NO. 181/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, NIPPANI AND ALSO THE RECORDS IN CRIMINAL APPEAL NO. 5047/2024 ON THE FILE OF VII ADDL. SESSIONS JUDGE, BELAGAVI SITTING AT CHIKODI AND SET ASIDE THE JUDGMENT / ORDER OF CONVICTION AND SENTENCE DTD. 20-04-2024 MADE IN C.C. NO. 181/2018 FOR

¶19

¶20

NC: 2026:KHC-D:418 CRL.RP No. 100167 of 2025 C/W CRL.RP No. 100166 of 2025

¶21

HC-KAR

¶22

OFFENCE U/SEC 138 N.I.ACT PASSED BY THE SENIOR CIVIL JUDGE AND JMFC NIPPANI AND ALSO THE JUDGMENT / ORDER CONFIRMING THE CONVICTION AND SENTENCE DTD. 09-04-2025 MADE IN CRIMINAL APPEAL NO. 5047/2024 PASSED BY THE VII ADDL. SESSIONS JUDGE, BELAGAVI SITTING AT CHIKODI AS THE SAME BEING NOT SUSTAINABLE IN LAW.

¶23

IN CRL.RP NO. 100166/2025 BETWEEN:

¶24

LIFE LINE PHARMACEUTICALS, PARTNERSHIP FIRM, REP. BY ITS MANAGING PARTNER, SRI PRAKASH HARI POL, AGE. 42 YEARS, OCC. BUSINESS, R/O. PRATAP SING CHOWK, AKLUJ, 413101, TQ. MALSHIRAS, DIST. SOLAPUR, MAHARASHTRA STATE.

¶25

...PETITIONER

¶26

(BY SRI. RAMACHANDRA A. MALI, ADVOCATE)

¶27

AND:

¶28

M/S UNICARE PHARMACEUTICALS, PARTNERSHIP FIRM, REP. BY ITS MANAGING PARTNER, SRI. VIKRAM KASHINATH KAVALE, AGE. 44 YEARS, OCC. BUSINESS, R/O.ASHOK NAGAR, NIPANI, DIST. BELAGAVI-591237.

¶29

...RESPONDENT

¶30

(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)

¶31

THIS CRIMINAL REVISION PETITION IS FILED UNDER SEC.438 R/W 442 OF BNSS, SEEKING TO CALL FOR THE RECORDS IN C.C.NO. 311/208 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., NIPPANI AND ALSO THE RECORDS IN CRIMINAL APPEAL NO.5046/2024 ON THE FILE OF VII ADDL. SESSIONS JUDGE, BELAGAVI SITTING AT CHIKODI AND SET ASIDE THE JUDGMENT/ORDER OF CONVICTION AND SENTENCE DATED 20.04.2024 MADE IN C.C.NO.311/2018 OFFENCE U/SEC 138 N.I. ACT PASSED BY THE SENIOR CIVIL JUDGE AND JMFC., NIPPANI AND ALSO THE JUDGMENT/ORDER CONFIRMING THE CONVICTION AND SENTENCE DATED 09.04.2025 MADE IN CRIMINAL APPEAL NO.5046/2024 PASSED BY THE VII ADDL. SESSIONS JUDGE, BELAGAVI SITTING AT CHIKODI AS THE SAME BEING NOT SUSTAINABLE IN LAW.

¶32

3 - NC: 2026:KHC-D:418 CRL.RP No. 100167 of 2025 C/W CRL.RP No. 100166 of 2025

¶33

HC-KAR

¶34

THESE CRIMINAL REVISION PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶35

ORAL ORDER

¶36

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

¶37

Memo of retirement is filed by the petitioner’s counsel along with acknowledgment.

¶38

The petitioner has not chosen to engage any other advocate. The petitioner is suffering an order of conviction under Section 138 of the Negotiable Instruments Act. Therefore, the petitions are dismissed for non-prosecution.

¶39

The amount in deposit is ordered to be withdrawn, subject to due identification.

¶40

Sd/(V.SRISHANANDA) JUDGE

¶41

AC, CT:CMU LIST NO.: 2 SL NO.: 10

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment/order of conviction and sentence dated 20-04-2024 in C.C. No. 181/2018 (offence u/S. 138 NI Act) by the Senior Civil Judge and JMFC, Nippani, together with its confirmation dated 09-04-2025 in Criminal Appeal No. 5047/2024 by the VII Addl. Sessions Judge, Belagavi sitting at Chikodi; likewise the conviction dated 20.04.2024 in C.C. No. 311/2018 confirmed on 09.04.2025 in Criminal Appeal No. 5046/2024 by the same court - both sought to be set aside as 'not sustainable in law'. Date recorded is the later (confirming) judgment.¶22
VII Addl. Sessions Judge, Belagavi sitting at Chikodi (confirming court); Senior Civil Judge and JMFC, Nippani (trial court) · 09-04-2025
Prior proceeding
Trial conviction and sentence dated 20-04-2024 in C.C. No. 181/2018 for offence u/S. 138 NI Act passed by the Senior Civil Judge and JMFC, Nippani (challenged in CRL.RP No. 100167/2025).¶18
Prior proceeding
Confirmation of the said conviction in Criminal Appeal No. 5047/2024 dated 09-04-2025 by the VII Addl. Sessions Judge, Belagavi sitting at Chikodi.¶22
Prior proceeding
Trial conviction and sentence dated 20.04.2024 in C.C. No. 311/2018 for offence u/S. 138 NI Act passed by the Senior Civil Judge and JMFC, Nippani (challenged in CRL.RP No. 100166/2025).¶31
Prior proceeding
Confirmation of the said conviction in Criminal Appeal No. 5046/2024 dated 09.04.2025 by the VII Addl. Sessions Judge, Belagavi sitting at Chikodi.¶31
Prior proceeding
Filing of CRL.RP No. 100167/2025 under Sec. 438 r/w 442 BNSS 2023 r/w Sections 397 and 401 Cr.P.C., seeking the records of C.C. No. 181/2018 and Criminal Appeal No. 5047/2024.¶18
Prior proceeding
Filing of CRL.RP No. 100166/2025 under Sec. 438 r/w 442 BNSS, seeking the records of C.C. No. 311/2018 (caption prints 'C.C.NO. 311/208', an apparent typographical error corrected to 311/2018 later in the same paragraph) and Criminal Appeal No. 5046/2024.¶31
Prior proceeding
At the hearing (petitions 'coming on for orders'), the petitioner's counsel filed a memo of retirement along with acknowledgment; the petitioner did not engage any other advocate.¶37

Life Line Pharmaceuticals, v. M/S Unicare Pharmaceuticals

Case brief

What is this about?

What did the court decide?

Life Line Pharmaceuticals, v. M/S Unicare Pharmaceuticals

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Gurappa S/O Tirthappa Pujari Vs the State of Karnataka

Sri Ashvin Wasnik S/O. Sudhakar Wasnik Vs the State of Karnataka

Shri. Sarfraznawaz S/O Dadapeer Yakkundi Vs the State of Karnataka

Prabhu S/O Hanamant Tamburi Vs the State of Karnataka

Praveen Kumar S S/O Nagaveni Vs the State of Karnataka

Hanamanth S/O Govindappa Huddar Vs the State of Karnataka