- 1 - HC-KAR NC: 2025:KHC-D:9655 CRL.RP No. 100047 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100047 OF 2018 (397(CR.PC)/438(BNSS)) BETWEEN: F.M. KUTINO, AGE: 61 YEARS, RETIRED PERSON, R/O: BAZAR ROAD, QUARTERS OF TOWN PANCHAYAT, NEAR TOWN HALL, MUNDGOD, DIST: UTTAR KANNADA-581 411. … PETITIONER (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) AND: P.M. PHILIP, AGE: 68 YEARS, OCC: BUSINESS, R/O: KOPPA (INDOOR), TQ: MUNDGOD, DIST: UTTAR KANNADA-581 411. … RESPONDENT (BY SRI. GIRISH A. YADAWAD, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 AND 401 OF CR.P.C., PRAYING TO CALL FOR THE RECORDS IN CRIMINAL CASE NO.260/2004 ON THE FILE OF JUDICIAL MAGISTRATE F.C., MUNDGOD AND TO SET ASIDE THE JUDGMENT AND ORDER DATED 28.12.2017 PASSED BY THE 1ST ADDL. DISTRICT AND SESSIONS JUDGE, U.K., KARWAR, SITTING AT SIRSI IN CRIMINAL APPEAL NO.45/2013 INSOFAR AS CONVICTING PETITIONERS FOR THE OFFENCE UNDER SECTION 138 OF N.I. ACT AND TO CONSEQUENTLY SET ASIDE THE ORDER DATED 15.02.2013 PASSED BY JUDICIAL MAGISTRATE F.C., MUNDGOD IN CRIMINAL CASE NO.260/2004, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9655 CRL.RP No. 100047 of 2018 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Learned counsel for the petitioner submits that the sole petitioner has died and he has no instructions to bring the legal representatives of the deceased-petitioner on record. 2. The order sheet dated 01.02.2025 would reflect that the petitioner had died as on the said date. Till date, no steps have been taken to bring the legal representatives of the deceased-petitioner on record. 3. Therefore, the petition is dismissed as abated. 4. The amount deposited, if any, by the petitioner is permitted to be withdrawn by the respondent- complainant. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 8