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2025 DAILYLAW 52992 (KAR)

VILAS S/O DURGAPPA METRI v. SAINT MILAGRACE CREDIT SOUHARD CO-OP LTD

CRL.RP/100378/2024 · 2025-04-22

V Srishananda

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:6726 CRL.RP No. 100378 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100378 OF 2024 (397(Cr.PC)/438(BNSS)) BETWEEN: VILAS S/O. DURGAPPA METRI, AGE: 38 YEARS, OCC: BUSINESS, R/O: MUTTALAMURI VILLAGE, TQ: HALIYAL, DIST: UTTARA KANNADA -581329. …PETITIONER (BY SRI. SHIVA SHIRUR, ADVOCATE) AND: SAINT MILAGRACE CREDIT SOUHARD CO-OP LTD., R/BY BRANCH MANAGER, PANDURANG S/O DAKLU HIREKAR, AGE: 27 YEARS, OCC: BRANCH MANAGER R/O: TEGNALLI VILLAGE, TQ: HALIYAL, DIST: UTTARA KANNADA -581329. …RESPONDENT (BY SRI. RAJIV D. JADHAV, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W SECTION 401 OF CR.P.C. (438 R/W 442 OF BNSS), SEEKING TO CALL FOR THE RECORDS OF THE COURTS BELOW AND ALLOW THE REVISION PETITION BY SETTING ASIDE THE JUDGMENT AND ORDER OF CONVICTION FOR OFFENCES PUNISHABLE U/S 138 OF N.I. ACT, PASSED IN CRL. APP. NO.5051/2024, DATED 10.09.2024, PASSED BY THE IST ADDL. DISTRICT AND SESSIONS JUDGE, KARWAR, (SITTING AT SIRSI), UTTARA KANNADA AND THE JUDGMENT AND ORDER OF CONVICTION FOR OFFENCE PUNISHABLE U/S 138 V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.24 14:36:08 +0530 - 2 - NC: 2025:KHC-D:6726 CRL.RP No. 100378 of 2024 OF N.I. ACT, PASSED IN CC NO.51/2023, DATED 15.03.2024, PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, AT HALIYAL AND ACQUIT THE PETITIONER IN THE INTEREST OF JUSTICE AND ANY OTHER RELIEFS DEEMED FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, MAY KINDLY BE GRANTED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) A memo is filed reporting the payment of compensation amount along with No Liability certification issued by the respondent-Bank. 2. Memo reads as under: “That, the advocate for the petitioner most respectfully submits as under: That, the petitioner herein has paid the outstanding loan amount to the respondent bank and the respondent bank has issued a no liability certificate. The copy of No liability certificate is produced herewith for the kind perusal of this Hon'ble court. Hence this memo.” 3. Placing the memo on record, revision petition stands disposed of. - 3 - NC: 2025:KHC-D:6726 CRL.RP No. 100378 of 2024 4. The amount in deposit is ordered to be withdrawn by the complainant under due identification. 5. Fine amount of Rs.5,000/- ordered by the Trial Magistrate confirmed by the First Appellate Court towards the defraying expenses of the State is set aside. SD/- (V.SRISHANANDA) JUDGE Naa List No.: 4 Sl No.: 39