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2025 DAILYLAW 44129 (KAR)

SOUND CAST ALLOYS PRIVATE LIMITED v. BMI MINERAL PRIVATED LIMITED

CRL.RP/100312/2023 · 2025-04-15

V Srishananda

Criminal Appealbody2025

Judgment text

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- 1 - NC: 2025:KHC-D:6421 CRL.RP No. 100308 of 2023 C/W CRL.RP No. 100307 of 2023 CRL.RP No. 100312 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100308 OF 2023 (397(Cr.PC)/438(BNSS)) C/W CRIMINAL REVISION PETITION NO.100307 OF 2023 CRIMINAL REVISION PETITION NO.100312 OF 2023 IN CRL.RP.NO.100308/2023: BETWEEN: 1. 2. SOUND CAST ALLOYS PRIVATE LIMITED PLOT NO. 23, KIADB INDUSTRIES ESTATE, HONAGA, BELAGAVI, PINCODE-591156. THE DIRECTOR. SOUND CAST ALLOYS PRIVATE LIMITED, BY NAME SHRI SUBHASH S/O. YALLOJI KADOLKAR, AGE: 70 YEARS, OCC. NOW NIL, R/O. AMRUT NIVAS, III CROSS, VIJAY NAGAR, HINDALAGE, BELAGAVI-590003. …PETITIONER (BY SRI. M.S. HIREMATH, ADVOCATE) AND: BMI MINERAL PRIVATE LIMITED REPRESENTED BY ITS MANAGER SALES, MR. SACHIN BAPU SHETE, AGE: 37 YEARS, OCC. BUSINESS, R/O. OFFICE AT: 703/1, NEAR PATEL ROADWAYS, UDYAMBAG, BELAGAVI-590004. …RESPONDENT (BY SRI. SACHCHIDANAND B. PATIL, ADVOCATE) V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.19 10:33:12 +0530 - 2 - NC: 2025:KHC-D:6421 CRL.RP No. 100308 of 2023 C/W CRL.RP No. 100307 of 2023 CRL.RP No. 100312 of 2023 THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS AND ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGMENT PASSED IN CRIMINAL APPEAL NO. 124/2021 DATED ON 29.04.2023 U/S. 138 OF NI ACT PASSED BY THE IX ADDL. DIST. AND SESSION JUDGE BELAGAVI AND ALSO THE JUDGEMENT AND ORDER PASSED IN C.C.NO. 667/2019 DATED 05.02.2021 U/S. 138 OF NI ACT PASSED BY THE V J.M.F.C BELAGAVI AND ALLOW THE REVISION PETITION. IN CRL.RP.NO.100307/2023: BETWEEN: 1. 2. SOUND CAST ALLOYS PRIVATE LIMITED PLOT NO. 23, KIADB INDUSTRIES ESTATE, HONAGA, BELAGAVI, PINCODE-591156. THE DIRECTOR. SOUND CAST ALLOYS PRIVATE LIMITED, BY NAME SHRI SUBHASH S/O. YALLOJI KADOLKAR, AGE: 70 YEARS, OCC. NOW NIL, R/O. AMRUT NIVAS, III CROSS, VIJAY NAGAR, HINDALAGE, BELAGAVI-590003. …PETITIONERS (BY SRI. M.S. HIREMATH, ADVOCATE) AND: BMI MINERAL PRIVATE LIMITED REPRESENTED BY ITS MANAGER SALES, MR. SACHIN BAPU SHETE, AGE: 37 YEARS, OCC. BUSINESS, R/O. OFFICE AT: 703/1, NEAR PATEL ROADWAYS, UDYAMBAG, BELAGAVI-590004. …RESPONDENT (BY SRI. SACHCHIDANAND B. PATIL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS AND ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGMENT PASSED IN CRIMINAL APPEAL NO. 125/2021 DATED ON 29.04.2023 PASSED BY THE IX ADDL. - 3 - NC: 2025:KHC-D:6421 CRL.RP No. 100308 of 2023 C/W CRL.RP No. 100307 of 2023 CRL.RP No. 100312 of 2023 DIST. AND SESSION JUDGE BELAGAVI AND ALSO THE JUDGEMENT AND ORDER PASSED IN C.C.NO. 668/2019 DATED 05.02.2021 PASSED BY THE V J.M.F.C BELAGAVI AND ALLOW THE REVISION PETITION. IN CRL.RP.NO.100312/2023: BETWEEN: 1. 2. SOUND CAST ALLOYS PRIVATE LIMITED PLOT NO. 23, KIADB INDUSTRIES ESTATE, HONAGA, BELAGAVI, PINCODE-591156. THE DIRECTOR. SOUND CAST ALLOYS PRIVATE LIMITED, BY NAME SHRI SUBHASH S/O. YALLOJI KADOLKAR, AGE: 70 YEARS, OCC. NOW NIL, R/O. AMRUT NIVAS, III CROSS, VIJAY NAGAR, HINDALAGE, BELAGAVI-590003. …PETITIONERS (BY SRI. M.S. HIREMATH, ADVOCATE) AND: BMI MINERAL PRIVATE LIMITED REPRESENTED BY ITS MANAGER SALES, MR. SACHIN BAPU SHETE, AGE: 37 YEARS, OCC. BUSINESS, R/O. OFFICE AT: 703/1, NEAR PATEL ROADWAYS, UDYAMBAG, BELAGAVI-590004. …RESPONDENT (BY SRI. SACHCHIDANAND B. PATIL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 AND 401 OF CR.P.C. SEEKING TO CALL RECORDS AND ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGMENT PASSED IN CRIMINAL APPEAL NO. 127/2021 DATED ON 29.04.2023 PASSED BY THE IX ADDL. DISTRICT AND SESSION JUDGE BELAGAVI AND ALSO THE JUDGMENT AND ORDER PASSED IN CC NO. 666/2019 DATED 05.02.2021 PASSED BY THE V JMFC BELAGAVI, AND ALLOW THE REVISION PETITION. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:6421 CRL.RP No. 100308 of 2023 C/W CRL.RP No. 100307 of 2023 CRL.RP No. 100312 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri. Mahantesh S. Hiremath, learned counsel for the petitioners. 2. Sri.Mahantesh S. Hiremath submits that revision petitioner is a private limited company represented by it’s Director Sri.Subhash S/o Yalloji Kadolkar who is no more. 3. He would further submit that despite best efforts, revision petitioner-Company is not cooperating in substituting the suitable person who would now represent the revision petitioner-Company and therefore, he is unable to further prosecute the revision petition. 4. Submission of Sri.Mahantesh S. Hiremath is placed on record and revision petitions are dismissed. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA List No.: 2 Sl No.: 17