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2025 DAILYLAW 50378 (KAR)

NAZEER AHMAD MOHAMMAD ALI CHOUTI v. ROMOA MANNUEL FERNANDES

CRL.RP/100336/2019 · 2025-04-26

V Srishananda

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Judgment text

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- 1 - NC: 2025:KHC-D:6942 CRL.RP No. 100336 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100336 OF 2019 (397(Cr.PC)/438(BNSS)) BETWEEN: NAZEER AHMAD MOHAMMED ALI CHOUTI AGE: 79 YEARS, OCC. AGRICULTURE, R/O. BACHAGAV, TQ. SIRSI, NOW R/O. SHIVAJI CHOWK, SIRSI, TQ. SIRSI, DIST. UTTARA KANNADA-581401. …PETITIONER (BY SRI. J.S. SHETTY, ADVOCATE) AND: 1. ROMOA MANNUEL FERNANDES AGE: 68 YEARS, OCC. BUSINESS, R/O. MARIGUDI ROAD, TQ. SIRSI, DIST. UTTARA KANNADA-581401. SINCE DEAD BY HIS LRS RESPONDENT NO.1(a) 1a. ASIAS W/O. ROMAO FERNANDES, AGE: 62 YEARS, OCC. BUSINESS, R/O. MARIGUDI ROAD, TQ. SIRSI, DIST. UTTARA KANNADA-581401. 3. THE STATE OF KARNATAKA BY SIRSI POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENTS (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R2; R1(A)- NOTICE SERVED) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6942 CRL.RP No. 100336 of 2019 THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. SECTION 401 OF CR.P.C., PRAYED THAT ORDER DATED 12.11.2019, PASSED BY THE I ADDITIONAL DISTRICT AND SESSION JUDGE, U.K. DISTRICT, SITTING AT SIRSI, IN CRIMINAL APPEAL NO.37/2015 AND THE ORDER OF CONVICTION DATED 04.02.2015 PASSED BY II ADDITIONAL J.M.F.C., SIRSI IN C.C. NO.794/2011 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE N.I. ACT, BE SET ASIDE AND THIS CRIMINAL REVISION PETITION BE ALLOWED WITH COST THROUGH OUT. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Learned counsel for the revision petitioner filed a memo. Memo reads as under: “The advocate for the revision petitioner submits as under. The Petitioner is no more and as such entire proceedings may kindly be held abated. Hence this memo.” 2. Placing the memo on record, petition stands dismissed as abated. 3. Amount in deposit, if any, is ordered to be withdrawn by the complainant under due identification. - 3 - NC: 2025:KHC-D:6942 CRL.RP No. 100336 of 2019 4. However, it is also made clear that if the information received and provided by the learned counsel for the revision petitioner is in correct, respondent/complainant is at liberty to revive the revision petition. Sd/- (V.SRISHANANDA) JUDGE AC CT:PA List No.: 2 Sl No.: 30