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2025 DAILYLAW 47366 (KAR)

L.S.MEHABOOB BASHA v. ABDUL GAFOOR

CRL.RP/100371/2022 · 2025-03-14

V Srishananda

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4757 CRL.RP No. 100371 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100371 OF 2022 (397(CR.PC)/438(BNSS)) BETWEEN: L. S. MEHABOOB BASHA S/O. L.S. FAKRUDDIN, 44 YEARS, R/O. D.NO.121/10, MILL ROAD, MILLERPER, BALLARI-583101. …PETITIONER (BY SRI BASAVANA GOUD T., ADVOCATE) AND: ABDUL GAFOOR S/O. ABDUL SATTAR, AGE: 37 YEARS, R/O. D.NO. 120/A/10, MILL ROAD, MILLERPET, BALLARI-583101. …RESPONDENT (BY SRI B.S. SANGATI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397(1) R/W. 401 OF CR.P.C., SEEKING TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND CONVICTION AND SENTENCE PASSED BY THE HON BLE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE (COMMERCIAL COURT) BALLARI, BY DISMISSING THE CRIMINAL APPEAL NO.19/2021, DATED 05.01.2022, THEREBY CONFIRMING THE JUDGMENT AND CONVICTION AND SENTENCE PASSED BY THE HON BLE 1ST ADDITIONAL CIVIL JUDGE AND JMFC BALLARI, IN C.C. NO. 237/2017, DATED 30.03.2021, THEREBY CONVICTING THE PETITIONER/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NI ACT, FOR SENTENCED TO PAY THE FINE AMOUNT OF RS. 4,00,000/-, FURTHER OUT 0F THE FINE AMOUNT OF RECOVERY OF 4,00,000/-. THE COMPLAINANT/RESPONDENT SHALL ENTITLED FOR A SUM OF RS. 3,97,000/-(RS. THREE LAKH NINTY THOUSAND) AS COMPENSATION. FURTHER, REST OF THE FINE AMOUNT NAMELY 3,000/-(THREE THOUSAND) SHALL BE ADJUSTED TO STATE EXHEQUER. IN DEFAULT OF PAYMENT OF FINE AMOUNT, THE PETITIONER/ACCUSED SHALL UNDERGO SIMPLE IMPRISONMENT FOR FOUR MONTHS. V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.17 10:40:26 +0530 - 2 - NC: 2025:KHC-D:4757 CRL.RP No. 100371 of 2022 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Learned counsel for the revision petitioner files a memo. Memo reads as under: ”That the petitioner most humbly submits as under: That the parties in the petition settled their dispute, the petitioner herein has paid entire amount in which the trial Court ordered. Therefore, this Hon’ble Court may kindly be pleased to dispose of the above revision petition in view of settlement.” Contents of the memo are not disputed by Sri.B.S.Sangati, learned counsel for the respondent. Placing the memo on record, criminal revision petition is disposed of. SD/- (V.SRISHANANDA) JUDGE AC CT:PA LIST NO.: 2 SL NO.: 9