Basanagouda Channappagouda ... vs Veeresh Shanmukhappa Kundagol
2024 Latest Caselaw 957 Kant

Karnataka High Court

Basanagouda Channappagouda ... vs Veeresh Shanmukhappa Kundagol on 10 January, 2024

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                                     -1-
                                                              NC: 2024:KHC-D:613
                                                           CRL.RP No. 100166 of 2020




                            IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                 DATED THIS THE 10TH DAY OF JANUARY, 2024

                                                   BEFORE
                              THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
                             CRIMINAL REVISION PETITION NO. 100166 OF 2020
                          BETWEEN:

                          BASANAGOUDA CHANNAPPAGOUDA GUADASALMANI,
                          AGE: 45 YEARS, OCC. AGRICLTURE,
                          R/O. LAKKUNDI,
                          TQ AND DIST. GADAG-582115.
                                                                 ...PETITIONER
                          (BY SRI SADIQ N. GOODWALA, ADVOCATE)

                          AND:

                          VEERESH SHANMUKHAPPA KUNDAGOL
                          AGE: 46 YEARS, OCC. BUSINESS,
                          R/O. NEAR BHUMAREDDY CIRCLE,
                          GADAG-582101.
                                                                       ...RESPONDENT
                          (BY SRI GANESH RAIBAGI, ADVOCATE)

                                THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
                          401 OF CR.P.C., SEEKING TO CALL FOR THE RELEVANT RECORDS
            Digitally
            signed by
            VIJAYALAXMI
                          IN C.C.NO.1139/2016 DATED 21/02/2019 ON THE FILE OF THE I
VIJAYALAXMI M BHAT
M BHAT      Date:
            2024.01.12
                          ADDL. CIVIL JUDGE AND JMFC-I, GADAG AND RECORDS IN CRL.
            11:19:40
            +0530         APPEAL NO.32/2019 ON THE FILE OF THE I ADDL. PRL. FAMILY
                          COURT, GADAG DATED 01/02/2020 AND ALLOW THIS CRIMINAL
                          REVISION PETITION, BY SETTING ASIDE THE JUDGMENT OF
                          CONVICTION AND SENTENCE IN CC NO.1139/2016 DATED
                          21/02/2019 ON THE FILE OF THE I-ADDL. CIVIL JUDGE AND
                          JMFC-I, GADAG BY CONFIRMING IN CRL. APPEAL NO.32/2019 ON
                          THE FILE OF THE I ADDL. PRL. FAMILY COURT, GADAG DATED
                          01/02/2020 FOR THE OFFENCE P/U/S/ 138 OF N.I. ACT.

                               THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
                          THE COURT MADE THE FOLLOWING:
                                 -2-
                                        NC: 2024:KHC-D:613
                                      CRL.RP No. 100166 of 2020




                              ORDER

Learned counsel for the petitioner after arguing for

sometime submits that CW1, CW6, CW7 and CW8 are

examined before the trial Court. Their examination-in-chief

is complete and cross examination of the said witnesses is

yet to be done. He submits that the petition may be

dismissed as withdrawn at this stage with liberty to the

petitioner to approach this Court afresh after cross

examination of both the witnesses completed.

Submission is placed on record.

Petition is dismissed as abated with liberty to the

petitioner to file a fresh petition after cross examination of

the aforesaid witnesses is completed.

Sd/-

JUDGE

VMB