Basanagouda Channappagouda ... vs Veeresh Shanmukhappa Kundagol
2025 Latest Caselaw 8689 Kant

Karnataka High Court

Basanagouda Channappagouda ... vs Veeresh Shanmukhappa Kundagol on 22 September, 2025

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                                 -1-
                                                            NC: 2025:KHC-D:12867
                                                       CRL.RP No. 100166 of 2020


                     HC-KAR




                      IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

                        DATED THIS THE 22ND DAY OF SEPTEMBER, 2025
                                               BEFORE
                       THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

                     CRIMINAL REVISION PETITION NO. 100166 OF 2020
                                (397(Cr.PC)/438(BNSS))

                     BETWEEN:

                     BASANAGOUDA CHANNAPPAGOUDA GUADASALMANI,
                     AGE 45 YEARS, OCC: AGRICLTURE,
                     R/O: LAKKUNDI, TQ: & 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)
         Digitally
         signed by
         RAKESH S
RAKESH HARIHAR
                           THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION
S       Location:
        HIGH
HARIHAR COURT OF
         KARNATAKA
                     397 READ WITH SECTION 401 OF CR.P.C., SEEKING TO CALL FOR THE
         DHARWAD
         BENCH
                     RELEVANT RECORDS IN C.C. NO.1139/2016 DATED 21/02/2019 ON
                     THE FILE OF THE I-ADDL. CIVIL JUDGE AND JMFC-I, GADAG AND
                     RECORDS IN CRL. 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 C.C. 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 PUNISHABLE UNDER SECTION 138 OF N.I. ACT.

                          THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
                     THE COURT MADE THE FOLLOWING:
                                      -2-
                                                NC: 2025:KHC-D:12867
                                           CRL.RP No. 100166 of 2020


 HC-KAR




                    ORAL ORDER

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

1. It is submitted before this Court that the

petitioner has died on 02.04.2022. Therefore, this petition

stands dismissed as abated.

2. The respondent is permitted to withdraw the

amount deposited by the petitioner, if any before the trial

Court after producing the necessary documents in support

of his identity.

Sd/-

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