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2025 DAILYLAW 4674 (KAR)

RAKESH S/O HANUMANTHAPPA DILLIWALA v. RAVI S/O MUDUKAPPA KICHADI

CRL.RP/100156/2020 · 2025-03-12

V Srishananda

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4728 CRL.RP No. 100156 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100156 OF 2020 (397(CR.PC)/438(BNSS)) BETWEEN: RAKESH S/O. HANUMANTHAPPA DILLIWALA, AGE: 26 YEARS, OCC. BUSINESS AND AGRICULTURE, R/O. ASHOK NAGAR, RANEBENNUR, TQ. RANEBENNUR, DIST. HAVERI-581110. …PETITIONER (BY SRI DINESH M. KULKARNI, ADVOCATE) AND: RAVI S/O. MUDUKAPPA KICHADI, AGE: 33 YEARS, OCC. BUSINESS, R/O. MARUTI NAGAR, RANEBENNUR, TQ. RANEBENNUR, DIST. HAVERI-581110. …RESPONDENT (BY SRI T.R. PATIL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W. 401 OF CR.P.C 1973. SEEKING TO SET ASIDE THE ORDER DATED 22.11.2019 PASSED BY THE III ADDL. SR. CIVIL JUDGE & JMFC, RANEBENNUR, IN C.C.NO.508/2019 AND WHICH IS CONFIRMED BY JUDGMENT DATED 06.07.2020 PASSED BY THE II ADDL. DIST. & SESSIONS JUDGE, HAVERI (SITTING AT RANEBENNUR) IN CRL.A.NO.89/2019, CONVICTING THE PETITIONER FOR THE OFFENCE U/S. 138 OF N.I. ACT, ACTING U/S. 255(2) OF CR.P.C., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.24 15:31:43 +0530 - 2 - NC: 2025:KHC-D:4728 CRL.RP No. 100156 of 2020 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) After arguing the matter for sometime, Sri.Dinesh M.Kulkarni, files a memo. Memo reads as under: “The advocate for petitioner respectfully submits as under: The Petition undertakes to pay the balance cheque amount of Rs.1,00,000/- in two installments on 12.04.2025 and 12.05.2025. Accordingly the petition may kindly be disposed off in the interest of justice.” Placing the memo on record, revision petition stands disposed of. It is made clear that the amount as agreed in memo is not paid, order of the trial Magistrate and confirmed by the First Appellate Court stands restores automatically. Amount in deposit is ordered to be withdrawn by the complainant under due identification. - 3 - NC: 2025:KHC-D:4728 CRL.RP No. 100156 of 2020 After payment of the entire fine amount as agreed in the memo, fine amount of Rs.5,000/- imposed by the trial Magistrate, confirmed by the First Appellate Court stands set aside as lis is privy to the parties and no State machinery is involved. If fine amount is already deposited, accused is entitled to withdraw the same. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA LIST NO.: 2 SL NO.: 2