Balakrishna S/O K Srinivasa Reddy vs P Rambabu S/O Venkanna
2023 Latest Caselaw 5406 Kant

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                                                       NC: 2023:KHC-D:8523
                                                      CRL.RP No. 100377 of 2022




                       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                             DATED THIS THE 8TH DAY OF AUGUST, 2023

                                             BEFORE

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

                        CRIMINAL REVISION PETITION NO. 100377 OF 2022

                      BETWEEN:

                      BALAKRISHNA S/O. K SRINIVASA REDDY,
                      AGE: 32 YEARS, OCC: PROPRIETOR OF VISHNUR
                      VAIBHAVA AGRO TRADERS,
                      R/O: KADDI RAMPUR, GANGAVATHI (TQ),
                      KOPPAL DISTRICT,
                      PIN: 583239.
                                                                  ...PETITIONER
                      (BY SRI. BASAVANA GOUD T, ADVOCATE)

                      AND:

                      P. RAMBABU S/O. VENKANNA,
                      AGE: 50 YEARS, OCC: AGRICULTURIST,
CHANDRASHEKAR         R/O: HEBBAL CAMP, HEBBAL POST,
LAXMAN                GANGAVATHI (TQ),
KATTIMANI
                      KOPPAL (DIST),
                      PIN: 583268.
                                                                ...RESPONDENT
Digitally signed by
CHANDRASHEKAR         (NOTICE TO RESPONDENT IS SERVED)
LAXMAN
KATTIMANI                  THIS CRIMINAL REVISION PETITION IS FILED UNDER
Date: 2023.08.11
10:49:25 -0700        SECTION 397 R/W 401 OF CR.P.C., SEEKING TO CALL FOR
                      RECORDS AND SET ASIDE THE JUDGMENT AND CONVICTION
                      AND SENTENCE ORDER PASSED BY THE HON'BLE 1 ST
                      ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOPPAL
                      (SITTING AT GANGAVATHI) BY DISMISSING THE CRL.APPEAL
                      NO.7/2018, DATED 25.02.2022, THEREBY CONFIRMING THE
                      JUDGMENT AND CONVICTION AND SENTENCE PASSED BY THE
                      PRINCIPAL CIVIL JUDGE AND JMFC GANGAVATHI, IN CC
                      NO.838/2014, DTED 16.01.2018 THEREBY CONVICTING THE
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                                    NC: 2023:KHC-D:8523
                                   CRL.RP No. 100377 of 2022




PETITIONER/ACCUSED FOR THE OFFENCES PUNISHABLE U/S
138 OF N.I. ACT, FOR SENTENCED TO PAY THE FINE AMOUNT
OF RS.28,00,000/- FURTHER IN DEFAULT OF PAYMENT OF FINE
AMOUNT, THE PETITIONER SHALL UNDERGO SIMPLE
IMPRISONMENT FOR A PERIOD OF 6 MONTHS, FURTHER OUT
OF FINE AMOUNT OF RECOVERY OF RS.28,00,000/- THE
COMPLAINANT/RESPONDENT SHALL ENTITLED FOR A SUM OF
RS.27,95,000/- AS A COMPENSATION, FURTHER REST OF THE
FINE AMOUNT I.E., RS. 5,000/- SHALL BE DEFRAYED AS
PROSECUTION EXPENSES TO THE STATE.

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

                          ORDER

Learned counsel for the revision petitioner submits

that since the petitioner failed to deposit the amount, he

was taken into custody and he has served the sentence.

As such, the petition becomes infructuous.

In view of submission, petition is dismissed as having

become infructuous.

Sd/-

JUDGE AC