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2025 DAILYLAW 11764 (KAR)

BEERESH v. NAGAPPA

CRL.RP/200155/2024 · 2025-07-03

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:3628 CRL.RP No. 200155 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.200155 OF 2024 (397(Cr.PC)/438(BNSS)) BETWEEN: BEERESH S/O GURUSIDDAPPA INGANAL, AGE: 43 YEARS, OCC: ADVOCATE, R/O ALMATTI RAILWAY STATION, TQ. NIDAGUNDI, DIST. VIJAYAPURA-586213 …PETITIONER (BY SRI R. S. LAGALI, ADVOCATE) AND: NAGAPPA S/O BASAPPA KULAGERI, AGE: 58 YEARS, OCC: ADVOCATE, R/O NEAR GOURIGUDI, NIDAGUNDI, DIST. VIJAYAPUR- 586213. …RESPONDENT (BY SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE) THIS CRL.RP. IS FILED U/S 438 R/W SECTION 442 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO, A) ADMIT THE REVISION PETITION AND CALL FOR RECORDS B) SET ASIDE THE JUDGMENT AND ORDER DATED 03.10.2024 PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, VIJAYAPURA IN CRIMINAL APPEAL NO.87/2023, THEREBY CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION DATED 02.11.2023 PASSED BY THE Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3628 CRL.RP No. 200155 of 2024 CIVIL JUDGE AND JMFC AT BASAVANA BAGEWADI AND C/C OF ADDL. CIVIL JUDGE AND JMFC AT BASAVANA BAGEWADI IN CRIMINAL CASE NO.599/2018 AND ACQUIT THE PETITIONER FOR THE OFFENCE PUNISHABLE U/SEC 138 OF NEGOTIABLE INSTRUMENTS ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Parties are present before the Court. Application under Section 147 of the Negotiable Instruments Act is filed. In view of payment of the entire fine amount, the application needs to be allowed. Accordingly, the following order is passed: ORDER (a) Application under Section 147 of the Negotiable Instruments Act is allowed. (b) Consequently, Criminal Revision Petition is allowed. - 3 - HC-KAR NC: 2025:KHC-K:3628 CRL.RP No. 200155 of 2024 (c) The judgment of conviction and order of sentence dated 02.11.2023, passed in Criminal Case No.599/2018 by the Civil Judge and JMFC at Basavana Bagewadi and C/C of Additional Civil Judge and JMFC, Basavana Bagewadi and confirmed by the III Additional District and Sessions Judge, in Criminal Appeal No.87/2023 vide judgment dated 03.10.2024 is hereby set aside. (d) Bail bond, if any, stands discharged. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 55 CT:PK