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2025 DAILYLAW 47709 (KAR)

THE CHAIRMAN v. SHRI MOTILAL S/O MAHADEV UCHAGAONKAR

CRL.RP/100327/2023 · 2025-03-25

V Srishananda

Criminal Appealbody2025

Judgment text

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- 1 - NC: 2025:KHC-D:5459 CRL.RP No. 100327 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.100327 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: 1. THE CHAIRMAN SHAKTI MULTIPURPOSE CO-OP. SOCIETY LTD., BELAGAVI, COLLEGE ROAD, OPP. VANITA VIDALAYA SCHOOL, BELAGAVI-590003. 2. THE SECRETARY SHAKTI MULRIPURPOSE CO-OP SOCIETY LTD., BELAGAVI, COLLEGE ROAD, OPP. VANITHA VIDYALAYA SCHOOL, BELAGAVI-590003. …PETITIONERS (BY SMT. AMRUTHA, ADVOCATE SRI MAHANTESH S. HIREMATH, ADVOCATE) AND: SHRI MOTILAL S/O. MAHADEV UCHAGAONKAR, AGE: 57 YEARS, OCC. BUSINESS, R/O. C/O. NARYAN SADANAND ASURKAR, OM BUILDING CAR PARKING, NARVEKAR GALLI, BELAGAVI-590001. …RESPONDENT (RESPONDENT- NOTICE SERVED) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS AND ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGMENT PASSED IN CRIMINAL APPEAL NO. 94/2022 DATED ON 14.06.2022 U/SEC. 138 OF N.I. ACT PASSED BY THE IV ADDL. DIST AND SESSION JUDGE BELAGAVI AND ALSO THE JUDGMENT AND ORDER PASSED IN C.C.NO. 1409/2018 DATED 05.10.2021 U/SEC. 138 OF N.I. ACT PASSED BY THE VII J.M.F.C. BELAGAVI AND ALLOW THE REVISION PETITION. V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.29 12:02:25 +0530 - 2 - NC: 2025:KHC-D:5459 CRL.RP No. 100327 of 2023 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Miss Amrutha, appearing for Sri Mahantesh S. Hiremath, learned counsel for revision petitioners. 2. The matter is listed for orders to furnish the acknowledgement for having complied the interim order dated 13.09.2023. 3. Miss Amrutha, learned counsel for revision petitioners submits that the petitioners have not complied the order dated 13.09.2023 despite the best advice given by the counsel for revision petitioners. 4. Respondent served with the notice and remained absent. 5. Perused the records and it is noticed that the accused have suffered an order of conviction in C.C.No.1409/2018 for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 - 3 - NC: 2025:KHC-D:5459 CRL.RP No. 100327 of 2023 confirmed in Crl.A.No.94/2022. If the interim order is not complied, the petitioners are convicts who are enjoying the benefit of interim order without complying the conditions. 6. 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 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. 7. 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.: 11