Badarinarayana Ladda vs Ajit Phatarpekar S/O Ramakanth
2023 Latest Caselaw 5959 Kant

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                                                     NC: 2023:KHC-D:9489
                                                     CRL.RP No. 2124 of 2013




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                          DATED THIS THE 24TH DAY OF AUGUST, 2023

                                           BEFORE

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

                       CRIMINAL REVISION PETITION NO. 2124 OF 2013

                  BETWEEN:

                  SRI. BADARINARAYANA LADDA,
                  S/O. NAND KISHORE LADDA,
                  AGE: 45 YEARS, OCC: PROPRIETOR
                  OF SRI. NIDHI TRADING COMPANY,
                  R/O: BASAVESHWARA BADAVANI,
                  HOSPET,
                  BELLARY DISTRICT.
                                                               ...PETITIONER
                  (BY SRI. B.G. INDI, ADVOCATE FOR
                      SRI. K.L. PATIL, ADVOCATE)

                  AND:

                  1.    AJIT PHATARPEKAR S/O. RAMAKANTH,
CHANDRASHEKAR           AGE: 50 YEARS, PROPRIETOR
LAXMAN                  OF M/S. KARISHMA GOODS
KATTIMANI               SERVICES, KAMATH TOWERS,
                        II FLOOR, PATTOR PANAJI, GOA,
                        REPRESENTED BY ITS P.A. HOLDER,
                        A.S. PATIL S/O. AMINAPPA GOUDA
                        SANGANAGOUDA PATIL,
                        AGE: 36 YEARS, MINING CONTRACTOR,
Digitally signed by     R/O: SANDUR,
CHANDRASHEKAR           BELLARY DISTRICT.
LAXMAN
                                                             ...RESPONDENT
KATTIMANI
                       THIS CRIMINAL REVISION PETITION IS FILED UNDER
                  SECTION 397 R/W 401 OF CR.P.C. SEEKING TO SET ASIDE THE
                  JUDGMENT AND ORDER OF CONVICTION AND SENTENCE
                  DATED 20.12.2012 PASSED IN CRL.A.NO.81/2012 BY THE
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                                   NC: 2023:KHC-D:9489
                                    CRL.RP No. 2124 of 2013




FAST TRACK COURT-III, HOSPET, THEREBY DISMISSING THE
APPEAL FILED BY THE PETITIONER AND CONFIRMING THE
JUDGMENT AND ORDER OF CONVICTION AND SENTENCE
DATED 22.05.2012 PASSED IN C.C.NO.2349/2004 BY THE
LEARNED ADDL. CIVIL JUDGE & JMFC, HOSPET, THEREBY
CONVICTING THE PETITIONER FOR THE OFFENCES P/U/S 138
OF NI ACT.

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

                          ORDER

This is the petition filed by the accused challenging

the judgment of conviction and sentence for the offences

punishable under Section 138 of Negotiable Instrument

Act (for short, 'N.I. Act') by the trial Court which came to

be confirmed by the Sessions Court.

During the pendency of this petition,

respondent/complainant is reported to have died on

02.04.2016. It is submitted that the petitioner/accused is

unable to get details of the legal representatives of the

respondent/complainant. For this Reasons, in all these

seven years, he is unable to take steps to bring legal

representatives of respondent/complainant on record.

NC: 2023:KHC-D:9489 CRL.RP No. 2124 of 2013

In the Light of this, by the operation of law, already

the appeal is abated. Consequently, the appeal is disposed

of as abated. However, liberty is reserved to the

petitioner/accused to revive this petition to bring legal

representatives of respondent/complainant on record, if

they move to the trial Court to come on record for

execution of impugned judgment and order.

Sd/-

JUDGE

AC