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2025 DAILYLAW 47343 (KAR)

SHRINIVASGOUDA S/O. RAMACHANDRAGOUDA PATIL v. BASAPPA S/O. HANAMAPPA SEEMIKERI

CRL.RP/100377/2023 · 2025-03-25

V Srishananda

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:5461 CRL.RP No. 100377 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100377 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: SHRINIVASGOUDA S/O. RAMACHANDRAGOUDA PATIL, AGE: 53 YEARS, OCC. AGRICULTURE, R/O. WARD NO.10, NEAR OLD MADHWACHARYA BRAHMAN HOSTEL, OPP. HUNGUND FLOUR MILL, EXTENSION AREA BAGALKOTE, TQ. DIST. BAGALKOTE. …PETITIONER (BY SRI P.N. HOSAMANE, ADVOCATE) AND: BASAPPA S/O. HANAMAPPA SEEMIKERI, AGE: 64 YEARS, OCC. AGRICULTURE, R/O. JALAGERI, TQ. BADAMI, DIST. BAGALKOTE-587201. …RESPONDENT (BY SRI N.L. BATAKURKI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE PASSED IN CRIMINAL APPEAL NO.73/2022 DATED 01.07.2023 BY THE COURT OF PRL. DISTRICT AND SESSIONS JUDGE BAGALKOTE, BY CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION PASSED BY COURT OF II ADDL. SENIOR CIVIL JUDGE AND JMFC BAGALKOTE IN CC NO.746/2021 DATED 12.09.2022 AND ACQUIT THE PETITIONER FOR THE ALLEGED OFFENCE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.29 12:03:03 +0530 - 2 - NC: 2025:KHC-D:5461 CRL.RP No. 100377 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri P.N. Hosamane, learned counsel for revision petitioner and Sri N.L. Batakurki, learned counsel for respondent. 2. At the outset Sri P.N. Hosamane would submit that despite best advice the petitioner failed to comply the order dated 12.10.2023. 3. Perused the records and it is noticed that the accused has suffered an order of conviction in C.C.No.746/2021 for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 confirmed in Crl.A.No.73/2022. If the interim order is not complied, the petitioner is convict who is enjoying the benefit of interim order without complying the conditions. 4. Taking note of the merits of the matter as well, this Court having regard to the limited revisional jurisdiction does not find any legal infirmity or perversity - 3 - NC: 2025:KHC-D:5461 CRL.RP No. 100377 of 2023 or patent factual error so as to interfere with the order passed by the learned Trial Magistrate which is confirmed by the First Appellate Court on re-appreciation of the material evidence on record. Accordingly, following order is passed. ORDER Criminal Revision Petition is meritless and hereby dismissed. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA List No.: 2 Sl No.: 21