Sri. G. B. Shivakumar vs M/S Kalyan Earth Movers And ...
2023 Latest Caselaw 5116 Kant

                                               -1-
                                                        NC: 2023:KHC-D:8046
                                                      CRL.RP No. 100240 of 2021




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                             DATED THIS THE 1ST DAY OF AUGUST, 2023

                                             BEFORE

                               THE HON'BLE MS. JUSTICE J.M.KHAZI

                        CRIMINAL REVISION PETITION NO. 100240 OF 2021
                                           (397-)

                      BETWEEN:

                      SRI. G.B. SHIVAKUMAR,
                      AGED ABOUT 44 YEARS,
                      OCC: PROPRIETOR,
                      SON OF LATE G.A. BABANNA,
                      RESIDING AT MANAIKANTA-NILAYA,
                      15TH WARD, BHARATI NAGAR,
                      OLD AMARAVATI, HOSAPETE,
                      DISTRICT: VIJAYANAGARA -583201.
                                                       ...REVISION PETITIONER
                      (BY SRI. G.B. SHIVAKUMAR, ADVOCATE)

                      AND:

CHANDRASHEKAR         M/S. KALYAN EARTH MOVERS AND TRANSPOERTERS,
LAXMAN                HAVING OFFICE AT 5TH WARD,
KATTIMANI
                      NEAR BALANJINEYA TEMPLE,
                      M.J. NAGAR, HOSAPETE -583201,
Digitally signed by   REPRESENTED BY ITS PARTNER,
CHANDRASHEKAR         SRI. M. SHARAVANAN
LAXMAN
KATTIMANI             AGE: 60 YEARS, OCC: TRANSPORTER.
Date: 2023.08.02                                             ...RESPONDENT
11:41:52 -0700
                      (BY SRI. HARISH S. MAIGUR, ADVOCATE)

                           THIS CRIMINAL REVISION PETITION IS FILED UNDER
                      SECTION 397 R/W 401 OF CR.P.C. 1973, SEEKING TO CALL
                      FOR THE RECORDS IN CRIMINAL APPEAL NO.5042 OF 2018 ON
                      THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS
                      JUDGE AT BALLARI, (SITTING AT HOSAPETE) AND SET ASIDE
                      THE JUDGMENT OF CONVICTION DATED 30.08.2021 PASSED
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                                          NC: 2023:KHC-D:8046
                                      CRL.RP No. 100240 of 2021




IN CRIMINAL APPEAL NO. 5042 OF 2018 BY THE III
ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT BALLARI,
SITTING AT HOSAPETE, AFFIRMING THE JUDGMENT AND
ORDER DATED 11.09.2018, PASSED IN C.C.NO.197/2013, BY
THE ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C.,
HOSAPETE U/S 138 OF N.I. ACT AND CONSEQUENTIALLY
ACQUIT THE PETITIONER IN THE SAID CASE.

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

                            ORDER

Learned counsel for the revision petitioner has filed a

memo seeking permission to retire from the case. He is

permitted to do so.

Consequently, petition is dismissed for non-

prosecution.

Sd/-

JUDGE

KGK