F.M. Kutino vs P.M. Philip
2025 Latest Caselaw 2232 Kant

Karnataka High Court

F.M. Kutino vs P.M. Philip on 4 August, 2025

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                                  -1-
                                                              NC: 2025:KHC-D:9655
                                                        CRL.RP No. 100047 of 2018


                      HC-KAR




                               IN THE HIGH COURT OF KARNATAKA,
                                       DHARWAD BENCH

                             DATED THIS THE 4TH DAY OF AUGUST, 2025
                                               BEFORE
                       THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

                      CRIMINAL REVISION PETITION NO. 100047 OF 2018
                                 (397(CR.PC)/438(BNSS))
                      BETWEEN:

                      F.M. KUTINO,
                      AGE: 61 YEARS, RETIRED PERSON,
                      R/O: BAZAR ROAD,
                      QUARTERS OF TOWN PANCHAYAT,
                      NEAR TOWN HALL, MUNDGOD,
                      DIST: UTTAR KANNADA-581 411.
                                                                   ... PETITIONER
                      (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)

                      AND:

                      P.M. PHILIP,
                      AGE: 68 YEARS, OCC: BUSINESS,
                      R/O: KOPPA (INDOOR), TQ: MUNDGOD,
RAKESH                DIST: UTTAR KANNADA-581 411.
S                                                                   ... RESPONDENT
HARIHAR
                      (BY SRI. GIRISH A. YADAWAD, ADVOCATE)
Digitally signed by
RAKESH S HARIHAR
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH
                            THIS CRIMINAL REVISION PETITION IS FILED UNDER
DHARWAD
                      SECTION 397 AND 401 OF CR.P.C., PRAYING TO CALL FOR THE
                      RECORDS IN CRIMINAL CASE NO.260/2004 ON THE FILE OF
                      JUDICIAL MAGISTRATE F.C., MUNDGOD AND TO SET ASIDE THE
                      JUDGMENT AND ORDER DATED 28.12.2017 PASSED BY THE 1ST
                      ADDL. DISTRICT AND SESSIONS JUDGE, U.K., KARWAR, SITTING AT
                      SIRSI IN CRIMINAL APPEAL NO.45/2013 INSOFAR AS CONVICTING
                      PETITIONERS FOR THE OFFENCE UNDER SECTION 138 OF N.I. ACT
                      AND TO CONSEQUENTLY SET ASIDE THE ORDER DATED 15.02.2013
                      PASSED BY JUDICIAL MAGISTRATE F.C., MUNDGOD IN CRIMINAL
                      CASE NO.260/2004, IN THE INTEREST OF JUSTICE AND EQUITY.
                                 -2-
                                               NC: 2025:KHC-D:9655
                                      CRL.RP No. 100047 of 2018


 HC-KAR



     THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER
IS MADE THEREIN AS UNDER:

                    ORAL ORDER

(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)

1. Learned counsel for the petitioner submits that

the sole petitioner has died and he has no instructions to

bring the legal representatives of the deceased-petitioner

on record.

2. The order sheet dated 01.02.2025 would reflect

that the petitioner had died as on the said date. Till date,

no steps have been taken to bring the legal

representatives of the deceased-petitioner on record.

3. Therefore, the petition is dismissed as abated.

4. The amount deposited, if any, by the petitioner

is permitted to be withdrawn by the respondent-

complainant.

Sd/-

                               (S.VISHWAJITH SHETTY)
VNP / CT:BCK                           JUDGE