SRI DUNDAPPA S/O BASAPPA JUGALI v. SRI SIDRAM S/O GHULAPPA BHILAWADI
CRL.RP/100158/2023 · 2025-04-02
V Srishananda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4738 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4738 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:5903 CRL.RP No. 100158 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL REVISION PETITION NO.100158 OF 2023 (397(Cr.PC)/438(BNSS))
BETWEEN:
SRI DUNDAPPA S/O. BASAPPA JUGALI, AGE: 68 YEARS, OCC. BUSINESS, R/O. RABAKAVI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOTE-591301. …PETITIONER (BY SRI SHIVARAJ P. MUDHOL, ADVOCATE)
AND:
SRI SIDRAM S/O. GHULAPPA BHILAWADI, AGE: 65 YEARS, OCC. AGRICULTURE/ BUSINESS, R/O. RABAKAVI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOTE-591301. …RESPONDENT (BY SRI PRASHANT S. KADADEVAR, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.PC., SEEKING TO CALL FOR RECORDS AND TO SET ASIDE THE IMPUNGED JUDGMENT AND ORDER OF CONVICTION DATED 06.03.2023 IN CRIMINAL APPEAL NO. 5033/2022 PASSED BY THE I ADDL. DIST. AND SESSIONS JUDGE BAGALKOTE SITTING AT JAMKHANDI AND IMPUGNED JUDGMENT AND ORDER OF CONVICTION DATED 16.06.2022 IN CC NO. 260/2021 (OLD CC NO. 1157/2017) PASSED BY THE SENIOR CIVIL JUDGE AND JMFC COURT BANAHATTI FOR AN OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT AND ACQUIT THE PETITIONER BY ALLOWING THIS CRIMINAL REVISION PETITION. 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 11:35:45 +0530
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NC: 2025:KHC-D:5903 CRL.RP No. 100158 of 2023
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
A memo came to be filed by the counsel for the petitioner. Memo reads as under:
The Advocate for the Petitioner begs to submit as under:-
That the petitioner has already deposited a sum of Rs. 50,000/- on 17/08/2022 and another a sum of Rs. 40,000/- on 16/05/2023. In all total a sum of Rs. 90,000/- has been deposited. The petitioner under takes to pay another a sum of Rs. 1,85,000/- (i.e. Balance of cheque amount Rs. 1,10,000/- + additional 75,000/- on or before 14/04/2025.”
2. Placing the memo on record, revision petition stands disposed of. 3. It is made clear that if the agreed compensation amount is not paid on or before 14.04.2025, the order of the trial Magistrate, confirmed by the First Appellate Court stands restored automatically. 4. After the payment of entire compensation amount as agreed, fine amount of Rs. 5000/- imposed by
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NC: 2025:KHC-D:5903 CRL.RP No. 100158 of 2023
trial Magistrate towards the defraying expenses of the state is set aside. 5.
Amount in deposit if any is ordered to be withdrawn by the complainant under due identification. SD/- (V.SRISHANANDA) JUDGE
HMB CT:PA List No.: 2 Sl No.: 58