F.M. Kutino vs Pandurang S/O Sadashiv Palekar
2025 Latest Caselaw 2233 Kant

Karnataka High Court

F.M. Kutino vs Pandurang S/O Sadashiv Palekar on 4 August, 2025

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                                  -1-
                                                              NC: 2025:KHC-D:9654
                                                        CRL.RP No. 100048 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. 100048 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:

                      PANDURANG S/O SADASHIV PALEKAR,
RAKESH
S                     AGE: 50 YEARS, OCC: EMPLOYEE,
HARIHAR               R/O: HOSA ONI, TQ: MUNDGOD,
Digitally signed by   DIST: UTTAR KANNADA-581 411.
RAKESH S HARIHAR
Location: HIGH
COURT OF
                                                                    ... RESPONDENT
KARNATAKA
DHARWAD BENCH
DHARWAD
                      (BY SRI. GIRISH A. YADAWAD, ADVOCATE)

                            THIS CRIMINAL REVISION PETITION IS FILED UNDER
                      SECTION 397 READ WITH 401 OF CR.P.C., PRAYING TO CALL FOR
                      RECORDS IN CRL. CASE NO.12 OF 2006 ON THE FILE OF THE
                      JUDICIAL MAGISTRATE F.C., MUNDGOD AND TO SET ASIDE THE
                      JUDGMENT AND ORDER DATED 28.12.2017 PASSED BY THE I ADDL.
                      DISTRICT AND SESSIONS JUDGE, U.K. KARWAR, SITTING AT SIRSI
                      IN CRL. APPEAL NO.46 OF 2013 INSOFAR AS CONVICTING
                      PETITIONER FOR THE OFFENCE UNDER SECTION 138 OF N.I. ACT.

                           THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER
                      IS MADE THEREIN AS UNDER:
                                 -2-
                                               NC: 2025:KHC-D:9654
                                      CRL.RP No. 100048 of 2018


 HC-KAR




                    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