Shri.Tanaji S/O Mahadev Birje vs The City Co-Op. Credit Society
2023 Latest Caselaw 9051 Kant

Karnataka High Court

Shri.Tanaji S/O Mahadev Birje vs The City Co-Op. Credit Society on 1 December, 2023

                                              -1-
                                                    NC: 2023:KHC-D:14070
                                                    CRL.RP No. 100047 of 2017




                     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                           DATED THIS THE 1ST DAY OF DECEMBER, 2023

                                            BEFORE
                      THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
                   CRIMINAL REVISION PETITION NO. 100047 OF 2017 (397)


                    BETWEEN:

                    SHRI. TANAJI S/O. MAHADEV BIRJE,
                    AGE: 66 YEARS, OCC: NIL,
                    R/O: SARVODAY MARG,
                    HINDWADI, BELAGAVI,
                    TALUKA AND DISTRICT: BELAGAVI.
                                                                 ...PETITIONER

                    (BY SRI. DEEPAK S. KULKARNI, ADVOCATE)

                    AND:

                    THE CITY CO-OP. CREDIT SOCIETY,
                    1792, SHARMA SWEET MART,
                    KIRLOSKAR ROAD, BELAGAVI,
                    REPRESENTED BY ITS ASSISTANT MANAGER,
                    SHRI.PRAVEEN S/O. KAMALAKAR BIDIKAR,
YASHAVANT           AGE: MAJOR,
NARAYANKAR          R/O: BELAGAVI.
                                                               ...RESPONDENT
Digitally signed
by YASHAVANT
NARAYANKAR
                    (NOTICE SERVED TO RESPONDENT)
Date: 2023.12.05
10:09:50 +0530
                         THIS CRIMINAL REVISION PETITION IS FILED UNDER
                    SECTION 397(1) READ WITH 401 OF CR.P.C., PRAYING TO
                    CALL FOR AND EXAMINE THE RECORDS OF A PROCEEDING IN
                    THE CRIMINAL APPEAL NO.35/2016, FROM THE VIII
                    ADDITIONAL DISTRICT & SESSIONS JUDGE, BELAGAVI AND IN
                    THE CRIMINAL CASE NO.33/2009, FROM THE I ADDITIONAL
                    CIVIL JUDGE & JMFC COURT, BELAGAVI AND THE JUDGMENT
                    AND ORDER DATED 10.06.2016, PASSED BY THE VIII
                    ADDITIONAL DISTRICT & SESSIONS JUDGE, BELAGAVI IN
                               -2-
                                    NC: 2023:KHC-D:14070
                                    CRL.RP No. 100047 of 2017




CRIMINAL APPEAL NO.35/2016, CONFIRMING THE JUDGMENT
AND ORDER PASSED BY THE I ADDL. CIVIL JUDGE & JMFC
COURT, BELAGAVI IN C.C. NO.33/2009, DATED 06.02.2016,
WHEREIN THE REVISION PETITIONER HAS BEEN CONVICTED
FOR AN OFFENCE PUNISHABLE U/SEC.138 OF THE N.I. ACT
AND HE HAS BEEN SENTENCE TO PAY A FINE OF RS.61,500/-
AND IN DEFAULT OF PAYMENT OF FINE, HE SHALL UNDERGO
SIMPLE IMPRISONMENT FOR A PERIOD OF 6 MONTHS, BY ITS
JUDGMENT AND ORDER DATED 06.02.2016, BE SET ASIDE BY
ALLOWING THIS REVISION PETITION, IN THE INTEREST OF
JUSTICE AND EQUITY.

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

                           ORDER

Learned counsel for the petitioner files a memo stating

that the petitioner is died on 09.09.2020. In support of his

memo he has produced the death certificate of the petitioner

showing the date of death as 09.09.2020.

In view of the memo, petition stands abated.

Sd/-

JUDGE

SMM