Karnataka High Court
M/S Sagar Tea Company Nippani vs Padmanabh Vasant Patil on 14 March, 2022
Bench: P.N.Desai
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 14TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE P.N.DESAI
CRIMINAL REVISION PETITION NO.100118/2015
BETWEEN:
M/S SAGAR TEA COMPANY NIPPANI
REGD. PARTNERSHIP FIRM
REP. BY ITS PARTNER/GPA HOLDER
SRI DEEPAK HARMANBHAI PAREKH
AGE: 47 YEARS, OCC: BUSINESS
R/O. NIPANI, TQ: CHIKODI
DIST: BELAGAVI
...PETITIONER.
(BY SHRI PRASHANT MATHAPATI, ADVOCATE, FOR SHRI
RAMACHANDRA MALI, ADVOCATE.)
AND:
PADMANABH VASANT PATIL
AGE: 52 YEARS, OCC: BUSINESS
R/O. CHAKRAVARTI NILAY,
ASHOK NAGAR, NIPANI
TQ: CHIKODI, DIST: BELAGAVI
...RESPONDENT.
(BY SMT.PRIYANKA, ADVOCATE, FOR SHRI SANTOSH B
MALAGOUDAR, ADVOCATE.)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH SECTION 401 OF THE CODE OF
CRIMINAL PROCEDURE, 1973, SEEKING TO CALL FOR THE
RECORDS IN C.C.NO.465/2007 ON THE FILE OF THE ADDL. CIVIL
2
JUDGE & JMFC, NIPANI AND ALSO THE RECORDS IN CRL. APPEAL
NO.32/2014 ON THE FILE OF VII ADDL. DIST. & SESSIONS JUDGE,
BELAGAVI, AT CHIKODI AND TO SET ASIDE THE JUDGMENT
DATED 8.4.2015 MADE IN CRL. APPEAL NO.32/2014 PASSED BY
THE VII ADDL. DIST. & SESSIONS JUDGE, BELAGAVI, AT CHIKODI,
CONFIRMING THE JUDGMENT/ORDER OF CONVICTION DATED
10.2.2014 MADE IN C.C. NO.465/2007 PASSED BY THE ADDL.
CIVIL JUDGE & JMFC, NIPANI, FOR THE OFFENCE PUNISHABLE
UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT,
1881, READ WITH SECTION 357 OF CR.P.C. INSOFAR AS THE
SAME RELATE TO SETTING ASIDE THE MODIFYING THE ORDER OF
SENTENCE IMPOSED BY THE TRIAL COURT AND INSOFAR AS THE
SAME RELATE TO CONFIRMING THE ORDER PASSED BY THE
LEARNED TRIAL COURT UNDER SECTION 357 OF CR.P.C. THEREBY
DIRECTING THE RESPONDENT ACCUSED TO PAY COMPENSATION
OF RS.4,32,294-95 PAISE I.E., THE CHEQUE AMOUNT ONLY AND
NOT IMPOSING / GRANTING THE COMPENSATION BY WAY OF FINE
TO THE TUNE OF DOUBLE THE CHEQUE AMOUNT IN VIEW OF THE
FACTS AND CIRCUMSTANCES OF THE CASE, AS THE SAME BEING
NOT SUSTAINABLE IN LAW, ETC.,.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT PASSED THE FOLLOWING:
ORDER
The learned counsel for the respondent has filed a
memo stating that the respondent died on 4.5.2019 and also
produced the death certificate, which shows that the
respondent, who was the accused died on 4.5.2019.
2. The learned counsel for the petitioner Shri
Prashant Mathapati appearing on behalf of the learned
counsel Shri Ramachandra Mali, stated that the petition is
abated.
3. In view of the submission made by the learned
counsel and as the respondent is no more, this petition
stands abated. However the petitioner is at liberty to proceed
in accordance with law to recover the fine amount in
accordance with the procedure known to law, if he is entitled
under law.
4. With the above observation, this petition is
dismissed as abated.
Sd/-
JUDGE
Mrk/-
