M A Amarnatha vs K R Mahesh
2024 Latest Caselaw 15663 Kant

Karnataka High Court

M A Amarnatha vs K R Mahesh on 3 July, 2024

Author: V Srishananda

Bench: V Srishananda

                                           -1-
                                                         NC: 2024:KHC:24947
                                                     CRL.RP No. 131 of 2021




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 3RD DAY OF JULY, 2024

                                         BEFORE
                         THE HON'BLE MR JUSTICE V SRISHANANDA
                     CRIMINAL REVISION PETITION NO. 131 OF 2021
                 BETWEEN:

                 M.A. AMARNATHA,
                 S/O M. ANJANEPPA,
                 AGED ABOUT 44 YEARS,
                 R/O NO.1700/5,
                 YELLAMMA TEMPLE STREET,
                 VIJAYANAGAR, BANGARPET TOWN,
                 KOLAR - 563 114.
                                                              ...PETITIONER
                 (BY SRI. SHASHWATH S.P, ADVOCATE FOR
                     SRI. CHANDRASHEKARA K, ADVOCATE)

                 AND:

                 K.R. MAHESH,
Digitally
signed by        S/O RAMACHANDRA RAO,
YAMUNA K L       AGED ABOUT 37 YEARS,
Location: High   R/O KARAHALLI VILLAGE,
Court of
Karnataka        KASABA HOBLI, BANGARPET TALUK
                 KOLAR - 563 126.
                                                             ...RESPONDENT
                 (BY SRI. E.I. SANMATHI, ADVOCATE)

                        THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
                 PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND
                 SENTENCED DATED 15.10.2019 IN C.C.NO.549/2016 ON THE
                 FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, BANGARPET
                                -2-
                                              NC: 2024:KHC:24947
                                        CRL.RP No. 131 of 2021




AND JUDGMENT DATED 09.03.2020 IN CRL.A.NO.98/2019 ON
THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS
JUDGE, KOLAR (SITTING AT KGF) FOR THE OFFENCE P/U/S
138 OF N.I ACT AND ACQUIT THE PETITIONER.

     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:

                            ORDER

Heard Sri. Shashwath.S.P., learned counsel for

Chadrashekara K. learned counsel for the revision petitioner

and Smt. E. I. Sanmathi., learned counsel for the respondent.

2. At the outset, Smt. E.I.Sanmathi submits that this

Court in Crl.RP.No.166/2021 has already set aside the order of

the Trial Court and remitted the matter for fresh disposal

in-accordance with law.

3. Perused the order passed by this Court in

Crl.RP.No.166/2021. The issues covered in this revision petition

are practically akin to the facts and circumstances of the case

in Crl.RP.No.166/2021 and this revision petition is also arising

out of the common order that has been the subject matter of

Crl.RP.No.166/2021.

NC: 2024:KHC:24947

4. Accordingly, the following:

ORDER

i) Revision petition is allowed.

ii) Order dated 15.10.2019 is hereby set aside.

iii) Matter is remitted to the learned Sessions Judge for

fresh disposal in accordance with law.

iv) Both the parties shall appear before the Sessions

Judge without further notice on next date of hearing and

proceed with the case in accordance-with law.

Sd/-

JUDGE

LDC

CT: BHK