Javeed Patel vs Aishwaraya Fianance ...
2022 Latest Caselaw 11410 Kant

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            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

        DATED THIS THE 17TH DAY OF AUGUST, 2022

                        BEFORE

           THE HON'BLE MR. JUSTICE P.N.DESAI

       CRIMINAL REVISION PETITION NO.200004/2020

BETWEEN:

JAVEED PATEL S/O MAHATAB PATEL
AGE:45 YRS, OCC:BUSINESS,
R/O H.NO.5-993/38
OPP:MIRAJ MAJEED
NEW RAHMAT NAGAR
RING ROAD, KALABURAGI.
                                         ...PETITIONER

(BY SRI. G. B. YADAV, ADVOCATE)

AND:

AISHWARAYA FIANANCE CORPORATION(REGD)
III, IST FLOOR, DARSHAN EDIFICE,
NEAR JAGAT POST OFFICER,
SUPER MARKET, MAIN ROAD,
KALABURAGI.

THROUGH ITS MANAGING PARTNER
ESHWAR S/O SHIVASHANKARAPPA NIGUDGI,
AGE:44 YRS, OCC:BUSINESS
R/O GULBARGA THROUGH ITS
POWER OF ATTORNEY HOLDER
VISHWANATH S/O SHESHAPPA PANCHAL,
AGE:46 YRS, OCC:MANAGER
IN THE COMPLAINANT FIRM
R/O GANDHI NAGAR,
KALABURAGI.

                                         ...RESPONDENT
(BY SRI. ANANTH S. JAGIRDAR, ADVOCATE)
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      THIS CRL.RP FILED U/S 397 OF CR.P.C PRAYING TO
EXAMINE THE LEGALITY, THE PROPRIETY AND CORRECTNESS OF
PROCEEDINGS BEFORE THE LOWER AND ALSO OF THE FINDINGS
CONTAINED IN TWO JUDGMENTS AND SET ASIDE THE ORDER OF
THE   LEARNED   III    ADDL.    SESSIONS        JUDGE   CONFIRMING
JUDGMENT IN CRL.APPEAL NO.31/2019 DATED 11.11.2019 AND
ORDER PASSED BY THE TRIAL COURT NAMELY IV ADDL. JMFC,
KALABURAGI    MAGISTRATE        IN    C.C.NO.    3060/2013    DATED
14.03.2019 AND DIRECT THE ACQUITTAL OF THE PETITIONER OF
THE CHARGES LEVELLED AGAINST HIM.

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


                               ORDER

Learned counsel for the revision petitioner files a

memo, which reads as under:

"That the counsel for the revision petitioner submits that the revision petition is not pressed in view of the admission of the petitioner and non-cross examination of PW.1 before the Trial Court. Hence, revision is not pressed and same be dismissed."

2. In view of the memo, the revision petition is

dismissed as not pressed.

3. The respondent is entitled to receive the amount,

if any, deposited before the IV-Addl. Civil Judge & JMFC,

Kalaburagi. The Trial Court after verifying the proper

identification and acknowledgment, release the amount in

deposit as stated in this memo in accordance with law to the

respondent who is complainant before the Trial Court.

Accordingly, I.A.No.1/2021 is also allowed.

Sd/-

JUDGE s du