- 1 - HC-KAR NC: 2025:KHC-D:8194 CRL.RP No. 100132 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL REVISION PETITION NO. 100132 OF 2022 (397 OF Cr.PC/438 OF BNSS) BETWEEN: SHRI Y. RAVIKUMAR S/O. Y. LEELA PRASAD, AGE: ABOUT 51 YEARS, HINDU, BUSINESS, R/O. BEERLINGESHWARA BADAVANE, 25TH WARD, JAMBUNATH ROAD, HOSAPETE, HOSAPETE TALUKA, BALLARI DISTRICT, PIN-583201. …PETITIONER (BY SHRI D. L. LADKHAN, ADVOCATE) AND: SRHRI D. NOOR SAB S/O. D. MOHAMMED SAB, AGE: ABOUT 58 YEARS, MUSLIM, AGRICULTURIST, R/O. KAMALAPUR, HOSAPETE TALUK, BALLARI DISTRICT, PIN-583201. …RESPONDENT (BY SHRI GURUDEV GACHCHINAMATH, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S.397 R/W.401 OF CR.P.C, SEEKING TO ALLOW THE CRIMINAL REVISION PETITION AND SET ASIDE THE JUDGMENT AND ORDERS PASSED BY 3RD ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI SITTING AT HOSAPETE IN CRL.APL.NO.5012/2020 DATED 11.01.2022 WHICH CONFIRMED THE JUDGMENT AND ORDER PASSED BY ADDITIONAL CIVIL JUDGE AND JMFC, HOSAPETE, IN C.C. NO.1883/2016 DATED 02.01.2020, CONVICTING THE REVISION PETITIONER/ACCUSED FOR OFFENCE PUNISHABLE U/S.138 OF NEGOTIABLE INSTRUMENT ACT AND SENTENCED TO PAY A FINE OF RS.2,52,000/- IN DEFAULT TO PAY THE FINE, THE ACCUSED SHALL UNDERGO SIMPLE IMPRISONMENT OF 6 MONTHS, FURTHER ACTING U/S.357(1)(b) OF CR.P.C. RS.2,50,000/- IS AWARDED AS COMPENSATION PAYABLE TO COMPLAINANT, AND THEREBY ACQUIT THE REVISION PETITIONER/ ACCUSED, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8194 CRL.RP No. 100132 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Learned counsel for the petitioner present and submitted the death certificate of the petitioner and prayed to close the revision petition as abated. In the meanwhile, learned counsel for the respondent filed a memo. The memo reads as under: “ Herein the advocate fro Respondent respectfully submits as under: That, in the above-mentioned case, the petitioner is reported to be dead on 20.11.2023 at Hubballi and the petition above is abated for the reason same. The Hon’ble Trial Court imposed the fine amount of Rs.2,000/- along with the cheque amount of Rs.2,50,000/-. Hence, I hereby request this Hon’ble Court to permit me to withdraw the same amount which is deposited before the Hon’ble trial Court.” In view of the memo, the petition is disposed of as abated. - 3 - HC-KAR NC: 2025:KHC-D:8194 CRL.RP No. 100132 of 2022 Learned counsel for the petitioner has no objection to withdraw the amount deposited by the petitioner. The trial Court is directed to return the amount in deposit made by the petitioner in favour of the respondent on due identification. Sd/- (VENKATESH NAIK T) JUDGE HMB CT-AN List No.: 1 Sl No.: 14