Sri Chandrashekhar Parasharam ... vs Shri Pundalik S/O Gundu Patil
2023 Latest Caselaw 6600 Kant

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                                                     NC: 2023:KHC-D:10824
                                                     CRL.RP No. 100373 of 2022




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                          DATED THIS THE 19TH DAY OF SEPTEMBER, 2023

                                             BEFORE
                               THE HON'BLE MS. JUSTICE J.M.KHAZI
                        CRIMINAL REVISION PETITION NO.100373 OF 2022

                      BETWEEN:

                      SRI. CHANDRASHEKHAR PARASHARAM MALKACHE,
                      AGE: 59 YEARS,
                      OCC: BUSINESS,
                      R/O: H.NO.94, NEAR LAXMI TEMPLE,
                      BHANDUR GALLI BELAGAVI,
                      DIST: BELAGAVI.
                                                             ...PETITIONER
                      (BY SRI. SHARAD V.MAGADUM, ADVOCATE)

                      AND:

                      SHRI. PUNDALIK,
                      S/O GUNDU PATIL,
                      AGE: 55 YEARS,
                      OCC: BUSINESS,
                      R/O: H.NO.580, BRAHMA NAGAR,
CHANDRASHEKAR         KHANAPUR ROAD,
LAXMAN
KATTIMANI             PEERANWADI BELAGAVI,
                      DIST: BELAGAVI-590001.
Digitally signed by
CHANDRASHEKAR
                                                                ...RESPONDENT
LAXMAN KATTIMANI
Date: 2023.09.20
15:19:45 +0530        (BY SRI. R.R.BADEGHAR AND SRI. S.H.YADAWAD, ADVS)

                           THIS CRIMINAL REVISION PETITION IS FILED U/S.397
                      R/W SEC.401 OF CR.P.C., PRAYING THIS COURT TO, SET
                      ASIDE THE JUDGMENT OF CONVICTION PASSED BY XI
                      ADDITIONAL SESSIONS JUDGE, BELAGAVI, IN CRL.A.
                      NO.212/2019 DATED 17.08.2022 CONFIRMING THE JUDGMENT
                      PASSED BY THE VII-JMFC BELAGAVI IN C.C.NO.304/2018
                      DATED 28.05.2019 AND FURTHER ACQUIT THE PETITIONER
                      FOR THE OFFENCES PUNISHABLE U/S. 138 OF N.I. ACT.
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                                 NC: 2023:KHC-D:10824
                                 CRL.RP No. 100373 of 2022




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


                         ORDER

Learned counsel for petitioner filed a memo with

documents.

2. This is an appeal by accused challenging his

conviction and sentence imposed by the trial Court, which

is confirmed by the Sessions Court. Vide the impugned

judgment and order, the petitioner/accused is sentenced

to pay fine of Rs.4,12,000/- with default sentence. On

17.02.2023, the parties have appeared before the trial

Court and the accused has deposited entire fine amount of

Rs.4,12,000/-. Out of which, Rs.4,10,000/- is payable to

the complainant and remaining Rs.2,000/- to be defrayed

as litigation expenses to go to the State. In view of the

compliance of the impugned judgment and order, the trial

Court has directed the concerned police not to execute

warrant.

NC: 2023:KHC-D:10824 CRL.RP No. 100373 of 2022

3. In the light of the same, this petition does not

survive for consideration and accordingly, it is disposed off

as having become infructuous.

Sd/-

JUDGE

CLK