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2025 DAILYLAW 44815 (KAR)

SHRI GANGADHAR S/O IRAYYA HIREMATH v. SHRI SAMPAT S/O HANUMANT BANDIVAD

CRL.RP/100013/2025 · 2025-04-07

V Srishananda

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:6124 CRL.RP No. 100013 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100013 OF 2025 (397(CR.PC)/438(BNSS)) BETWEEN: SHRI GANGADHAR S/O. IRAYYA HIREMATH, AGE: 28 YEARS, OCC. SOFTWARE ENGINEER, R/O. JAYASHRI SADANA, TERGAON, TQ. HALIYAL, DIST. UTTARA KANNADA-581329. …PETITIONER (BY SRI. ANAND BAGEWADI, ADVOCATE FOR SRI. H.N. GULARADDI, ADVOCATE) AND: SHRI SAMPAT S/O. HANUMANT BANDIVAD, AGE: 27 YEARS, OCC. PRIVATE EMPLOYEE, R/O. SIDDRAMESHWAR GALLI, HALIYAL, TQ. HALIYAL, DIST. UTTARA KANNADA-581329. …RESPONDENT (BY SRI M.B. PUJARI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397(1) R/W. 401 OF CR.P.C. (UNDER SECTION 438 R/W. 442 OF BNSS) SEEKING TO SET ASIDE THE JUDGMENT DATED 01.10.2024 IN CRL.A NO. 5027/2024 PASSED BY 1ST ADDL. DISTRICT AND SESSIONS COURT, KARWAR, (SITTING AT SIRSI) AT SIRSI, UTTAR-KANNADA CONFIRMING THE ORDER PASSED BY THE SENIOR CIVIL JUDGE AND JMFC COURT, HALIYAL IN C.C.NO. 81/2023 DATED 15.02.2024 AND ACQUIT HIM FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NI ACT THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.04.09 11:33:30 +0530 - 2 - NC: 2025:KHC-D:6124 CRL.RP No. 100013 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Anand Bagewadi, learned counsel appearing on behalf of Sri.H.N.Gularaddi, learned counsel for the revision petitioner and Sri.M.B.Pujari, learned counsel for the respondent. 2. Revision petitioner is the accused who has suffered an order of conviction in CC No.81/2023 for the offence punishable under Section 138 of the Negotiable Instruments Act and ordered to pay compensation in a sum of Rs.3,00,000/- and fine amount in a sum of Rs.5,000/- towards defraying expenses of the State which was confirmed in Crl.A.No.5027/2024. 3. At the outset, accused failed to comply the interim order passed by this Court on 20.02.2025. 4. I.A.No.3/2025 is filed seeking extension of time. No amount is admittedly paid as per the interim order by the revision petitioner. - 3 - NC: 2025:KHC-D:6124 CRL.RP No. 100013 of 2025 5. Taking note of the fact that accused failed to comply the interim order and also taking note of the fact that there is a concurrent finding on facts that accused has committed an offence punishable under Section 138 of the Negotiable Instruments Act, this Court is of the considered opinion that revision petition is meritless and needs to be dismissed. 6. Accordingly, revision petition is dismissed. SD/- (V.SRISHANANDA) JUDGE KAV CT:PA LIST NO.: 2 SL NO.: 37