Sri.Krishnappa S/O Parmeshappa ... vs Sri.Veerabhadrappa S/O Dandeppa ...
2021 Latest Caselaw 5849 Kant

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         IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

     DATED THIS THE 09 T H DAY OF DECEMBER 2021
                      BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

    CRIMINAL REVISION PETITION NO.100256/2019

   BETWEEN:

   SRI KRISHNAPPA
   S/O PARMESHAPPA HOMBARADI
   AGE: 64 YEARS, OCC: NIL,
   R/O: GUMMANAHALLI, TALUK: BYADGI,
   DISTRICT HAVERI - 581106.
                               ...PETITIONER

   (BY SRI BAHUBALI M. KANABARGI, ADV.
   REPRESENTED SMT. RAJASHREE ADV.OCATE)

   AND

   SRI VEERABHADRAPPA
   S/O DANDEPPA HANCHINAMANI
   AGE: 74 YEARS, OCC: AGRICULTURE,
   R/O: MASUR, TALUK: HIREKERUR,
   DISTRICT: HAVERI - 581210.
                                ...RESPONDENT
   (BY SRI RAMESH B. CHIGARI, HCGP)

       THIS CRIMINAL REVISION PETITION IS
   FILED U/S 397 R/W 401 OF CR.P.C. SEEKING
   ALLOW THIS REVISION PETITION AND MAY
   EXCISE THE INHERENT POWERS BY SET
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ASIDINNG THE IMPUGNED JUDGMENT DATED
06.09.2019 IN CRL.A. NO.07/2019 PASSED BY
THE II-ADDL. DIST. AND SESSIONS JUDGE,
HAVERI, SITTING AT RANEBENNUR, WHEREIN
IT HAD BEEN CONFIRMED THE IMPUGNED
JUDGMENT DATED 05.01.2019 PASSED BY THE
SENIOR CIVIL JUDGE AND JMFC COURT,
HIREKERUR, IN C.C. NO.59/2016, FOR THE
OFFENCES PUNISHABLE UNDER SECTION 138
OF N.I. ACT.


   THIS   CRIMINAL  REVISION                  PETITION
COMING ON FOR ORDERS, THIS                   DAY, THE
COURT MADE THE FOLLOWING:

                      ORDER

The Petitioner has been convicted for the offence

under Section 138 of Negotiable Instrument Act, in

C.C. No.59/2016 and sentenced to undergo simple

imprisonment for a period of six months and to pay

fine of Rs.5,000/- and compensation of Rs.3,00,000/-.

2. The appeal filed by the petitioner

challenging the same in Criminal Appeal No.7/2019

came to be dismissed. The petitioner has challenged

both the judgments in the present revision petition.

Since the petitioner and his counsel did not appear,

the Court issued bailable warrant. The bailable

warrant returned with an endorsement that the

petitioner is dead, enclosing the Death Certificate of

the petitioner. As per the Death Certificate petitioner

died on 19.09.2021.

3. In view of death of the petitioner, the

revision petition does not survive for consideration.

Hence, the revision petition is dismissed.

Sd/-

JUDGE

SMM/Sbs*