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2025 DAILYLAW 18317 (KAR)

M G SWAMY v. K K BOGAPPA

CRL.RP/324/2024 · 2025-02-17

H P Sandesh

body2025

Judgment text

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- 1 - NC: 2025:KHC:6862 CRL.RP No. 324 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 324 OF 2024 BETWEEN: 1. M.G.SWAMY S/O JAVARAPPA AGED ABOUT 59 YEARS MULLUSOGE VILLAGE KUSHALNAGAR HOBLI SOMWARPET TALUK KODAGU -571234 …PETITIONER (BY SRI. RAJA K.P., ADVOCATE) AND: 1. K.K.BOGAPPA S/O KRISHNEGOWDA AGED ABOUT 59 YEARS KUDLURU VILLAGE KUSHALNAGAR HOBLI, SOMWARPET TALUK KODAGU DISTRICT-571234 …RESPONDENT THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND SENTENCE DATED 10.03.2023 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC AT KUSHALNAGAR IN C.C.NO.1395/2019 AND JUDGMENT DATED 06.01.2024 PASSED BY THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MADIKERE Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6862 CRL.RP No. 324 of 2024 IN CRL.A.NO.71/2023 AND CONSEQUENTLY BE PLEASED ACQUIT THE PETITIONER OF THE OFFENCE ALLEGED. THIS PETITION COMING ON FOR DISMISSAL THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER This matter was listed on 05.02.2025, the counsel was absent. This Court taken note of the fact that sentence was suspended and inspite of sentence was suspended and ordered to issue notice, the revision petitioner has not paid the P.F and also not complied the order. Hence, order of suspension is recalled. However, respondent is given liberty to proceed against the petitioner in accordance with law and also given an opportunity to the counsel for the petitioner to pay the P.F and also made it clear that if P.F paid, issue notice to respondent and if not paid the P.F, list the matter for dismissal. Inspite of the order also, the counsel for - 3 - NC: 2025:KHC:6862 CRL.RP No. 324 of 2024 revision petitioner has not paid the P.F and no representation. Hence, the Revision Petition is dismissed. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 28