Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:3058 CRL.RP No. 100009 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
CRIMINAL REVISION PETITION NO.100009 OF 2022 [397(CR.PC)/438(BNSS)]
BETWEEN:
SHRI IRAPPA SIDDAPPA SURANNAVAR, AGE: 45 YEARS, OCC. AGRICULTURE, R/O. SHEGUNSHI VILLAGE, TQ. ATHANI, DIST. BELAGAVI, PIN-591220.
… PETITIONER (BY SRI SHIVASAI M.PATIL, ADVOCATE)
AND:
SUSTAINABLE AGRO COMMERCIAL FINANCE CO. LTD., THROUGH ITS AUTHORIZED OFFICER, SHRI SHEETAL S/O. POPAT SAVADATTI, AGE: 32 YEARS, OCC. SERVICE, R/O. ANJANEYA NAGAR, BELAGAVI-590016.
… RESPONDENT (BY SRI HARSHAWARDHAN M.PATIL, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH UNDER SECTION 401 OF CR.P.C., SEEKING TO CALL FOR THE RECORDS AND SET ASIDE THE CRIMINAL APPEAL NO.526/2019 PASSED BY THE XI ADDITIONAL SESSIONS JUDGE, BELAGAVI AT BELAGAVI ON 14.12.2019 FOR OFFENCES UNDER SECTION 138 OF N.I. ACT AND TO SET ASIDE THE
JUDGMENT IN TRIAL COURT IN CC NO.951/2018 PASSED BY THE VII JMFC BELAGAVI AT BELAGAVI DATED 22.11.2019 FOR OFFENCES UNDER SECTION 138 OF N.I. ACT AND ACQUIT THE REVISION PETITIONER.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
V N BADIGER Digitally signed by V N BADIGER Date: 2025.02.19 14:38:30 +0530
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NC: 2025:KHC-D:3058 CRL.RP No. 100009 of 2022
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)
Challenging judgment dated 14.12.2021 passed by XI Additional Sessions Judge, Belagavi (‘Appellate Court’, for short) in Crl.A.no.526/2019 and judgment of conviction and
order of sentence dated 22.11.2019 passed by VII-JMFC, Belagavi (‘Trial Court’, for short) in C.C.no.951/2018, this revision petition is filed.
2. Sri Harshawardhana M. Patil, learned counsel for respondent has filed a memo along with copy of account closure certificate issued by respondent reporting settlement stating that revision petitioner has repaid entire loan amount to respondent and matter is amicably settled.
3. Sri Shivasai M.Patil, learned counsel for petitioner submits that there is settlement and entire dues have been cleared by petitioner.
4. Memo is placed on record.
5. In view of above, revision petition would required to be allowed. Hence following :
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NC: 2025:KHC-D:3058 CRL.RP No. 100009 of 2022
ORDER
1. Revision petition is allowed.
2. Impugned judgment dated 14.12.2021 passed by XI Additional Sessions Judge, Belagavi in Crl.A.no.526/2019 confirming
judgment of conviction and
order of sentence dated 22.11.2019 passed by VII-JMFC, Belagavi in C.C.no.951/2018, are set aside.
3. Consequently petitioner - accused is acquitted for offence punishable under Section 138 of Negotiable Instrument Act.
4. Bail bond of accused and Sureties bond if executed shall stand cancelled.
SD/- (RAVI V.HOSMANI) JUDGE
EM CT:PA LIST NO.: 2 SL NO.: 2