Mallikarjunaswami D M vs Annesh U R
2022 Latest Caselaw 9858 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 28TH DAY OF JUNE, 2022

                       BEFORE

 THE HON'BLE Mr. JUSTICE HEMANT CHANDANGOUDAR

        CRIMINAL PETITION No.7526/2019

BETWEEN:

SRI.MALLIKARJUNASWAMI D M
S/O NEELAKANTAIAH D M
AGED ABOUT 36 YEARS
ANAJI VILLAGE
DAVANAGERE TALUK - 577 002
DAVANAGERE DISTRICT                 ...PETITIONER

(BY SRI.SUYOG HERELE E, ADVOCATE)

AND:

SRI.ANNESH U R
S/O RUDRAPPA
AGED ABOUT 40 YEARS
SOMLAPURA VILLAGE
CHANNAGIRI TALUK - 577218
DAVANAGERE DISTRICT               ...RESPONDENT

(BY SRI.G.J.SUNKAPUR, ADVOCATE)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE IMPUGNED ORDER DATED
27.09.2019 IN C.C.NO.1032/2018 ARISING OUT OF PCR
NO.80/2018 ON THE FILE OF THE J.M.F.C. I COURT,
DAVANAGERE FOR OFFENCE PUNISHABLE UNDER SECTION 138
OF NI ACT, 1881 AND CONSEQUENTLY ALLOW THE
APPLICATION ALONG WITH OTHER RELIEFS.
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      THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

During the pendency of the petition, learned

Magistrate has passed the impugned judgment of

acquittal. In view of the same, the petition does not

survive for consideration. Accordingly, the petition is

dismissed. However, liberty is reserved to the

defacto complaianant to challenge the judgment of

acquittal passed in C.C.No.239/2021 passed by the II

Addl. Civil Judge and JMFC, Davanagere in accordance

with law. All contentions are left open.

In view of the disposal of the main matter,

pending applications does not survive for

consideration.

Sd/-

JUDGE

AKC