Shivappa S/O Basavaneppa ... vs Primary Agricultural ...
2023 Latest Caselaw 7375 Kant

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                                                     NC: 2023:KHC-D:12625
                                                     CRL.RP No. 100318 of 2019




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                          DATED THIS THE 30TH DAY OF OCTOBER, 2023

                                            BEFORE
                      THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
                    CRIMINAL REVISION PETITION NO. 100318 OF 2019 (397)


                   BETWEEN:

                   SHIVAPPA S/O. BASAVANEPPA BENAKANNANAVAR,
                   AGE:68 YEARS,
                   OCC: AGRICULTURE AND RTD. EMPLOYEE,
                   R/O: KUDAPALI, TQ: HIREKERUR,
                   DIST:HAVERI. 581115.
                                                                   ...PETITIONER

                   (BY SRI. AVINASH BANAKAR, ADVOCATE)

                   AND:

                   PRIMARY AGRICULTURAL CO-OPERATIVE,
                   RURAL DEVELOPMENT BANK LTD., RANEBENNUR,
                   REPRESENTED BY ITS BRANCH MANAGER,
                   SRI. RAMAPPA ALIAS RAMESH
                   S/O. SHAMBULINGAPPA RAJANALLI,
                   AGE: MAJOR, OCC: MANAGER,
                   R/O: RANEBENNUR, TQ. RANEBENNUR,
                   DIST: HAVERI- 581115.
YASHAVANT                                                        ...RESPONDENT
NARAYANKAR
                   (BY SRI. VISHWANATT HEGDE, ADVOCATE)
Digitally signed
by YASHAVANT             THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
NARAYANKAR         401 OF THE CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED
Date: 2023.10.31
10:30:23 +0530     07.09.2019 PASSED BY THE II-ADDL. DIST. SESSIONS JUDGE,
                   HAVERI (SITTING AT RANEBENNUR) IN CRL.A.NO.9/2017 IN
                   CONFIRMING THE ORDER OF CONVICTION AND SENTENCE DATED
                   25.01.2017 PASSED BY THE ADDL. SENIOR CIVIL JUDGE JMFC
                   COURT, RANEBENNUR IN C.C.NO.491/2016 FOR THE OFFENCES
                   P/U/S 138 OF NEGOTIABLE INSTRUMENTS ACT, IN THE INTEREST OF
                   JUSTICE AND EQUITY.
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                                    NC: 2023:KHC-D:12625
                                    CRL.RP No. 100318 of 2019




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

                            ORDER

Counsel for respondent has filed memo on 13.09.2023

stating that the respondent has received the entire cheque

amount. To that effect, acknowledgment dated 19.08.2023

issued by the Primary Agricultural Co-operative Society,

Rural Development Ltd., Ranebennur is produced.

2. It is submitted by both the sides that in view of

payment of entire cheque amount, the petition may be

allowed and accused-revision petitioner may be acquitted.

3. In view of the memo dated 13.09.2023 filed along

with acknowledgement dated 19.08.2023 issued by the

respondent-society, signed by the Manager of the said

society, the petition stands allowed.

4. Consequentially, the impugned judgments of the

Courts below are set aside and the accused is acquitted of

the charges leveled against him under Section 138 of the

Negotiable Instruments Act, 1881.

NC: 2023:KHC-D:12625 CRL.RP No. 100318 of 2019

5. The bail bond of the accused stands cancelled and

he is set at liberty.

6. In view of disposal of the petition, pending

interlocutory applications, if any, do not survive for

consideration and are disposed of accordingly.

Sd/-

JUDGE

YAN