Sidagondappa vs Shafi Ahammad
2025 Latest Caselaw 1898 Kant

Karnataka High Court

Sidagondappa vs Shafi Ahammad on 31 July, 2025

                                             -1-
                                                         NC: 2025:KHC-K:4330
                                                   CRL.A No. 200021 of 2018


                   HC-KAR




                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                            DATED THIS THE 31ST DAY OF JULY, 2025

                                          BEFORE
                              THE HON'BLE MRS JUSTICE M G UMA


                            CRIMINAL APPEAL NO. 200021 OF 2018
                                  [378(Cr.PC)/419(BNSS)]

                   BETWEEN:

                   SIDAGONDAPPA
                   S/O SHANKREPPAGOUDA PATIL,
                   AGED ABOUT 65 YEARS, OCC:BUSINESS,
                   R/O. SINDHGI, TQ.SINDHGI,
                   DIST.VIJAYAPUR-586101.

                                                                ...APPELLANT
                   (BY SRI G.G. CHAGASHETTI, ADVOCATE)

                   AND:
Digitally signed
by SUMITRA         SHAFI AHAMMAD S/O ANWARPASHA BIJAPUR,
SHERIGAR
                   AGED ABOUT 43 YEARS,
Location: HIGH
COURT OF           OCC:BUSINESS & CONTRACTOR,
KARNATAKA          R/O. SHAMMI MEDICAL & GENERAL STORES,
                   BEHIND STATE BANK OF INDIA,
                   SUNAGAR COMPLEX, SINDAGI,
                   DIST.VIJAYAPUR-586101.
                                                              ...RESPONDENT

                   (BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE)

                        THIS CRIMINAL APPEAL IS   FILED UNDER SECTION
                   378(4) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT
                   AND ACQUITTAL PASSED BY THE LEARNED ADDL. SENIOR
                   CIVIL JUDGE AND JMFC SINDHGI IN CC.NO.401/2017 (OLD
                             -2-
                                        NC: 2025:KHC-K:4330
                                  CRL.A No. 200021 of 2018


HC-KAR




CC.NO.309/2008) ORDER DATED 30.11.2017. AND CONVICT
THE ACCUSED/ RESPONDENT FOR THE OFFENCE PUNISHABLE
UNDER SECTION 138 OF N.I. ACT AND AWARD APPROPRIATE
COMPENSATION TO THE APPELLANT.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:   HON'BLE MRS JUSTICE M G UMA


                     ORAL JUDGMENT

(PER: HON'BLE MRS JUSTICE M G UMA)

Counsel for the appellant files the memo seeking

permission to withdraw the appeal as not pressed in view

of the decision of the Hon'ble Apex Court in the case of

Celestium Financial vs. A. Gnanasekaran Etc. reported in

2025 SCC OnLine SC 1320 and seeks liberty to approach

the jurisdictional Court to prefer an appeal under Section

419 of BNSS, 2023 (under Section 372 Cr.P.C).

Memo is accepted.

Appeal is dismissed as not pressed. Liberty is

reserved for the appellant as prayed for.

NC: 2025:KHC-K:4330

HC-KAR

Registry is directed to send back the Trial Court

records.

Sd/-

(M G UMA) JUDGE

SWK

CT:PK