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2025 DAILYLAW 47689 (KAR)

SHRI. KALAGOUDA S/O BALAPPA MALAGOUDANAVAR v. THE AADHAR MULTIPURPOSE SOUHARD SAHAKARI NIYAMITA BELAGAVI

CRL.RP/100151/2024 · 2025-03-24

V Srishananda

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:5406 CRL.RP No. 100151 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100151 OF 2024 (397(Cr.PC)/438(BNSS)) BETWEEN: SHRI KALAGOUDA S/O. BALAPPA MALAGOUDANAVAR, AGE: 47 YEARS, OCC. BUSINESS, R/O. LAXMI DEVI TEMPLE, YALIMUNNULI, TQ. HUKKERI, DIST.BELAGAVI-591309. …PETITIONER (BY SMT. PRIYANKA, ADVOCATE FOR SRI INGALE A. KALLAPPA, ADVOCATE) AND: THE AADHAR MULTIPURPOSE SOUHARD SAHAKARI NIYAMITA BELAGAVI, REPRESENTED BY SHRI MOHAN S BANDIVADDAR, AGE: 47 YEARS, OCC. SERVICE, R/O.YAMAKANMARDI, TQ. HUKKERI, DIST.BELAGAVI-591246. …RESPONDENT (BY SRI NAGARAJ J. APPANNAVAR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W. 401 OF CR.P.C. PRAYING THAT THIS REVISION PETITION MAY KINDLY BE ALLOWED AND MAY KINDLY BE SET ASIDE ORDER PASSED BY THE HON’BLE XI ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, IN CRIMINAL APPEAL NO. 27/2024 DATED 18.03.2024 AND SET ASIDE THE CONVICTED JUDGMENT PASSED BY THE HON’BLE V J.M.F.C. BELAGAVI IN CC NO. 1452/2021, DATED Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5406 CRL.RP No. 100151 of 2024 09.01.2024, OFFENCE U/S. 138 OF N.I. ACT, AGAINST THE REVISION PETITIONER AND CASE WAS REMAND TO TRAIL COURT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) After addressing the arguments for some time, a memo came to be filed. Same is acknowledged by learned counsel for the respondent. Placing the memo on record, revision petition stands disposed of. It is made clear that if any one of the installment is not paid as agreed in the memo, order of the learned Trial Magistrate confirmed by the First Appellate Court stands restored automatically. Amount in deposit is ordered to be withdrawn by the complainant under due identification. - 3 - NC: 2025:KHC-D:5406 CRL.RP No. 100151 of 2024 After payment of entire compensation as agreed in the memo, sum of Rs.5,000/- imposed by the learned Trial Magistrate confirmed by the First Appellate Court towards defraying expenses of the State stands set aside. SD/- (V.SRISHANANDA) JUDGE KAV CT:PA List No.: 2 Sl No.: 30