Sri Karthik Suvarna P v. Sri Vijaya Kumar P N
Case brief
What is this about?
Karnataka High Court, CRL.RP No. 90 of 2021 (decided 17-02-2026, S Vishwajith Shetty J): revision against conviction u/s 138 NI Act allowed on ground of denial of fair opportunity — accused's application u/s 145(2) NI Act for cross-examination of complainant (PW1) made on first appearance but request for time rejected and trial hurried; conviction set aside and matter remanded for fresh trial with opportunity to cross-examine PW1 and lead defence evidence; S.397/401 Cr.P.C.; fine Rs.5,25,000/- set aside; cost Rs.10,000/- imposed; disposal within 3 months directed.
What did the court decide?
Criminal Revision Petition allowed; impugned judgment and order of conviction and sentence passed by the courts below set aside; matter remitted to the trial Court to dispose of C.C.No.21245/2017 afresh after granting opportunity to the petitioner to cross-examine PW1 and lead defence evidence; trial Court to endeavour disposal within 3 months from the date of appearance of parties; parties directed to appear before the trial Court on 03.03.2026 without awaiting fresh notice; petitioner's deposit to be kept in fixed deposit subject to the outcome of C.C.No.21245/2017; petitioner to pay cost of Rs.10,000/- to the respondent before the trial Court on the next date of hearing.