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2025 DAILYLAW 44026 (KAR)

SRI DUNDAPPA S/O BASAPPA JUGALI v. SRI SANGAYYA S/O MALLAYYA

CRL.RP/100166/2023 · 2025-03-04

V Srishananda

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Judgment text

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- 1 - NC: 2025:KHC-D:4211 CRL.RP No. 100166 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100166 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: SRI DUNDAPPA S/O. BASAPPA JUGALI, AGE: 68 YEARS, OCC. BUSINESS, R/O. RABAKAVI, TALUK: RABAKAVI-BANAHATTI, DIST. BAGALKOTE-591301. …PETITIONER (BY SRI SHIVANAND MALASHETTI, ADVOCATE FOR SRI SHIVARAJ P. MUDHOL, ADVOCATE) AND: SRI SANGAYYA S/O. MALLAYYA AMMANAGIMATH, AGE: 58 YEARS, OCC. AGRICULTURE, R/O. RABAKAVI, TQ. RABAKAVI, TQ. RABAKAVI -BANAHATTI, DIST. BAGALKOTE-591301. …RESPONDENT (BY SRI N.L. BATAKURKI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 497 R/W. 401 OF CR.PC., SEEKING TO CALL FOR RECORDS AND TO SET ASIDE THE IMPUGNED JUDGEMENT AND ORDER OF CONVICTION DATED 06.03.2023 IN CRIMINAL APPEAL NO. 5032/2022 PASSED BY THE I ADDL. DIST. AND SESSIONS JUDGE BAGALKOTE SITTING AT JAMKHANDI AND IMPUGNED JUDGMENT AND ORDER OF CONVICTION DATED 16.06.2022 IN CC NO. 265/2021 (OLD CC NO. 688/2017) PASSED BY THE SENIOR CIVIL JUDGE AND JMFC COURT BANAHATTI AND ACQUIT THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT BY ALLOWING THIS CRIMINAL REVISION PETITION. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.03.05 14:37:15 +0530 - 2 - NC: 2025:KHC-D:4211 CRL.RP No. 100166 of 2023 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) A memo is filed by learned counsel for the respondent. Memo reads as under: “Herein the advocate for the petitioner and respondent most humbly submits the joint memo as under, That, in the top noted case parties have settled their dispute by intervention of elder and petitioner agreed to pay a sum of Rs.4,50,000/- as a full and final settlement and respondent agreed to receive the same. The petitioner herein deposited Rs.2,00,000/- before the trail court and same is withdrawn by the respondent and balance of Rs.2,50,000/- is paid to respondent in presence of elders today and same is accepted by the respondent herein. Hence it is most humbly prayed that this Hon'ble court pleased to set aside the order of conviction passed by both court below and acquit the petitioner by allowing this memo and disposed of the above case as settled in the interest of justice and equity.” - 3 - NC: 2025:KHC-D:4211 CRL.RP No. 100166 of 2023 Placing the memo on record, revision petition stands disposed of. SD/- (V.SRISHANANDA) JUDGE AC CT:PA List No.: 3 Sl No.: 19