- 1 - HC-KAR NC: 2025:KHC-D:11875 CRL.RP No. 100425 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100425 OF 2024 (397(CR.PC)/438(BNSS)) BETWEEN: SHRI RAVINDRA U. SHIRODKAR, S/O. UMESH SHIRODKAR, AGED 53 YEARS, OCC. CONTRACTOR, R/O. MARUTI NIWAS, 2ND FLOOR, KARWAR-581 301, UTTARA KANNADA DISTRICT. … PETITIONER (BY SRI. PRAVEEN P. TARIKAR, ADVOCATE) AND: SHRI DATTATRAYA TYRES, MAIN ROAD, KARWAR TALUK, BY ITS PROPRIETOR, SRI. SUBHAS D. KENI, AGED ABOUT 70 YEARS, KARWAR-581 301, UTTARA KANNADA DISTRICT. … RESPONDENT (BY SRI. GIRISH A. YADAWAD, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 438 R/W 442 OF BNSS, PRAYING TO CALL FOR RECORDS IN ORDER DATED 31.07.2024 IN CRIMINAL APPEAL NO.80/2019 ON THE FILE OF THE II ADDL. DISTRICT AND SESSION JUDGE UTTARA KANNADA, KARWAR AND IN C.C. NO.372/2014 DATED 26.02.2019 ON THE FILE ADDL. JMFC KARWAR AND SET ASIDE THE IMPUGNED JUDGMENT DATED 31.07.2024 IN CRIMINAL APPEAL NO.80/2019 ON THE FILE OF THE II ADDL. DISTRICT AND SESSION JUDGE UTTARA KANNADA, KARWAR AND IN C.C. NO.372/2017 DATED 26.02.2019 ON THE FILE OF ADDL. JMFC, KARWAR, SENTENCING TO PAY RS.1,45,000/-. IN DEFAULT, PETITIONER SHALL UNDER-GO SIMPLE IMPRISONMENT FOR A PERIOD OF 3 MONTHS. OUT OF 1,45,00/- COMPLAINANT IS ENTITLED FOR RS.1,40,000/- TOWARDS COMPENSATION AMOUNT AND REMAINING FINE AMOUNT OF RS.5,000/- TO THE STATE. PUNISHABLE UNDER SECTION 138 OF N.I. ACT. IT IS HEREBY MADE CLEAR THAT UNDERGOING OF DEFAULT IMPRISONMENT SHALL NOT RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11875 CRL.RP No. 100425 of 2024 ABSOLVE THE ACCUSED LIABILITY OF PAYING THE AMOUNT, IN THE INTEREST OF JUSTICE AND EQUITY. 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 has filed a memo reporting death of the petitioner. 2. The death certificate would go to show that petitioner has died on 10.02.2025. Therefore, this petition is dismissed as abated. 3. Amount in deposit, if any, is permitted to be withdrawn by the respondent. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 9