Karnataka High Court
M A Amarnatha vs K R Mahesh on 3 July, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:24947
CRL.RP No. 131 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO. 131 OF 2021
BETWEEN:
M.A. AMARNATHA,
S/O M. ANJANEPPA,
AGED ABOUT 44 YEARS,
R/O NO.1700/5,
YELLAMMA TEMPLE STREET,
VIJAYANAGAR, BANGARPET TOWN,
KOLAR - 563 114.
...PETITIONER
(BY SRI. SHASHWATH S.P, ADVOCATE FOR
SRI. CHANDRASHEKARA K, ADVOCATE)
AND:
K.R. MAHESH,
Digitally
signed by S/O RAMACHANDRA RAO,
YAMUNA K L AGED ABOUT 37 YEARS,
Location: High R/O KARAHALLI VILLAGE,
Court of
Karnataka KASABA HOBLI, BANGARPET TALUK
KOLAR - 563 126.
...RESPONDENT
(BY SRI. E.I. SANMATHI, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND
SENTENCED DATED 15.10.2019 IN C.C.NO.549/2016 ON THE
FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, BANGARPET
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NC: 2024:KHC:24947
CRL.RP No. 131 of 2021
AND JUDGMENT DATED 09.03.2020 IN CRL.A.NO.98/2019 ON
THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS
JUDGE, KOLAR (SITTING AT KGF) FOR THE OFFENCE P/U/S
138 OF N.I ACT AND ACQUIT THE PETITIONER.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Shashwath.S.P., learned counsel for Chadrashekara K. learned counsel for the revision petitioner and Smt. E. I. Sanmathi., learned counsel for the respondent.
2. At the outset, Smt. E.I.Sanmathi submits that this Court in Crl.RP.No.166/2021 has already set aside the order of the Trial Court and remitted the matter for fresh disposal in-accordance with law.
3. Perused the order passed by this Court in Crl.RP.No.166/2021. The issues covered in this revision petition are practically akin to the facts and circumstances of the case in Crl.RP.No.166/2021 and this revision petition is also arising out of the common order that has been the subject matter of Crl.RP.No.166/2021.
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NC: 2024:KHC:24947 CRL.RP No. 131 of 2021
4. Accordingly, the following:
ORDER
i) Revision petition is allowed.
ii) Order dated 15.10.2019 is hereby set aside.
iii) Matter is remitted to the learned Sessions Judge for fresh disposal in accordance with law.
iv) Both the parties shall appear before the Sessions Judge without further notice on next date of hearing and proceed with the case in accordance-with law.
Sd/-
JUDGE LDC List No.: 1 Sl No.: 30 CT: BHK