Javeed Patel S/O Mahatab Patel vs Aishwaraya Finance
2022 Latest Caselaw 11940 Kant

            IN THE HIGH COURT OF KARNATAKA

                   KALABURAGI BENCH

       DATED THIS THE 19TH DAY OF SEPTEMBER, 2022

                        BEFORE

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

    CRIMINAL REVISION PETITION NO.200013/2020

BETWEEN:

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

                                         ...PETITIONER

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

AND:

AISHWARAYA FINANACE CORPORATION (REGD)
III, IST FLOOR, DARSHAN EDIFICE, NEAR
JAGAT POST OFFICE, SUPER MARKET, MAIN ROAD,
KALABURAGI.
THROUGH ITS MANAGING PARTNER
ESHWAR S/O SHIVASHANKARAPPA NIGUDGI
AGE: 44 YEARS OCC: BUSINESS
R/O: GULBARGA
THROUGH ITS POWER OF ATTORNEY HOLDER
VISHWANATH S/O SHESHAPPA PANCHAL
AGE: 46 YEARS OCC: MANAGER IN THE COMPLAINT FIRM
R/O: GANDHI NAGAR,
KALABURAGI-585 104.

                                       ...RESPONDENT

(BY SRI. GANESH S. KALABURAGI, ADVOCATE)
                                 2




      THIS CRIMINAL REVISION PETITION IS FILED UNDER

SECTION 397 OF THE CODE OF CRIMINAL PROCEDURE, 1973,

PRAYING TO CALL FOR THE RECORDS OF THE CASE IN

CRL.A.NO.32/2019 OF III ADDITIONAL DISTRICT AND SESSIONS

JUDGE COURT AND THAT OF C.C.NO.3061/2013 ON THE FILE OF

THE IV ADDITIONAL JMFC AT KALABURAGI, MAGISTRATE,

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 ADDITIONAL SESSIONS JUDGE

CONFIRMING JUDGMENT IN CRL.APPEAL NO.32/2019 DATED:

11.11.2019 AND ORDER PASSED BY THE TRIAL COURT NAMELY

IV   ADDITIONAL    JMFC   AT    KALABURAGI        MAGISTRATE    IN

C.C.NO.3061/2013    DATED      14.03.2019    AND    DIRECT     THE

ACQUITTAL OF THE PETITIONER OF THE CHARGES LEVELED

AGAINST HIM.




      THIS PETITION COMNG ON FOR ORDERS THIS DAY, THE

COURT PASSED THE FOLLOWING:
                                    3




                                 ORDER

Learned counsel for the petitioner files a memo,

which reads as under:

"the counsel for the revision petitioner hereby seeks permission to withdraw the above revision petition as not pressed. Hence, the Hon'ble Court may be pleased permit for the withdrawal of the above case."

02. In view of the memo, the petition is dismissed

as withdrawn.

03. The complainant before the Trial Court who is

respondent in this petition is at liberty to withdraw the

amount if any deposited before the Trial Court. The same

shall be released in favour complainant-respondent after

proper identification and verification with

acknowledgement.

Sd/-

JUDGE

KJJ