Shri Nataraj Shivayogi Naragund vs Shri Channabasaveshwar Co-Operativer ...
2023 Latest Caselaw 11318 Kant

Karnataka High Court

Shri Nataraj Shivayogi Naragund vs Shri Channabasaveshwar Co-Operativer ... on 20 December, 2023

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                                                      NC: 2023:KHC-D:14888
                                                      CRL.RP No. 100449 of 2023




                       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                            DATED THIS THE 20TH DAY OF DECEMBER, 2023

                                             BEFORE
                               THE HON'BLE MR JUSTICE S.RACHAIAH
                        CRIMINAL REVISION PETITION NO. 100449 OF 2023
                     BETWEEN:

                     SHRI. NATARAJ SHIVAYOGI NARAGUND
                     AGE: 38 YEARS, OCC: BUSINESS,
                     R/O: AUTOMOBILE SHOP, YELLAPUR NAKA,
                     HALIYAL, TQ: HALIYAL,
                     PRESENTLY RESIDING AT NEHARU NAGAR,
                     ALNAVAR, TQ: ALNAVAR, DIST: DHARWAD.
                                                                   ...PETITIONER
                     (BY SRI. GIRISH S.HIREMATH, ADVOCATE)

                     AND:

                     SHRI. CHANNABASAVESHWAR CO-OPERATIVER CREDIT
                     SOCIETY LTD, REP BY ITS BRANCH MANAGER,
                     SRI. MALLAYYA VEERAYYA SHRIGURUMATH,
                     AGE: 62 YEARS, R/O: BASAVANAGAR,
                     HALIYAL, TQ: HALIYAL,
                     DIST: UTTARA KANNADA-581329.
        Digitally                                            ...RESPONDENT
        signed by

VN
        VN
        BADIGER
                     (BY SRI. ANAND BAGEWADI, ADVOCATE)
BADIGER Date:
        2023.12.21
        11:04:04
        +0530              THIS CRIMINAL REVISION PETITION IS FILED U/S 397 OF
                     CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT IN CC
                     NO.24/2021 DATED 18.10.2022 PASSED BY THE SENIOR CIVIL
                     JUDGE AND JMFC, HALIYAL AND SET ASIDE THE JUDGMENT IN
                     CRIMINAL APPEAL NO.5094/2022 DATED 13.04.2023 PASSED BY
                     THE FIRST ADDL. DISTRICT AND SESSIONS JUDGE, U.K.
                     KARWAR, SITTING AT SIRSI, FOR THE OFFENCE PUNISHABLE U/S
                     138 OF N.I. ACT.

                          THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
                     THE COURT MADE THE FOLLOWING:
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                                         NC: 2023:KHC-D:14888
                                         CRL.RP No. 100449 of 2023




                                ORDER

1. Learned counsel for the respondent files a memo, the

memo reads thus:

"MEMO

The advocate for the respondent submits as under:

That the petitioner has filed the above petition challenged the judgment order in C.C.No.24/2021 passed by the Senior Civil Judge and JMFC Haliyal and set-aside the judgment in Criminal Appeal No.5094/2022 passed by the 1st additional and District and sessions judge UK Karwar sitting at Sirsi.

It is submitted the petitioner has paid the entire amount to respondent bank on 03/05/2023, the respondent issued no due certificate to the petitioner. The copy of the certificate dated 12/09/2023 issued by the respondent is produced along with memo. Hence memo may kindly be taken on record.

Hence this memo."

2. On reading of the averments of the memo, it appears

that the matter has been settled between the parties and the

petitioner has paid the entire amount. Hence, there is no embargo

NC: 2023:KHC-D:14888

to this Court to record the acquittal on the basis of the memo filed

by the respondent.

3. Considering the said memo and submissions of the

learned counsel for both the parties, it is appropriate to allow the

petition. Accordingly, I pass the following:

ORDER

(i) The Criminal Revision Petition is allowed.

(ii) The judgment of conviction and order of

sentence dated 13.04.2023, passed by the I

Additional District and Sessions Judge, Uttar

Kannada (sitting at Sirsi) in Crl.A.No.5094/2022,

dismissing the appeal and confirming the

judgment and the order of conviction passed by

the Senior Civil Judge and JMFC, Haliyal in

CC.No.24/2021, dated 18.10.2022 are set aside.

(iii) The petitioner / accused is acquitted for the

offence punishable under Section 138 of N.I. Act.

(iv) Bail bond executed, if any, stands cancelled.

NC: 2023:KHC-D:14888

In view of disposal of the Revision Petition,

I.A.No.1/2023 does not survive for consideration and the

same is disposed of accordingly.

Sd/-

JUDGE

VB