Dismissed

Smt Preethi W/O Santosh Nayak v. Fakkirappa S/O Puttappa Gudageri

Karnataka HC7 Dec 2023CRL.A/100557/2023

Case brief

AI extract

What is this about?

The appellate court dismissed the criminal appeal as withdrawn by the appellant, with liberty to file a criminal revision petition. The order contained no substantive reasoning on the merits of the underlying conviction.

What did the court decide?

Appeal dismissed as withdrawn with liberty to file a Criminal Revision Petition. Files returned to counsel.

Smt Preethi W/O Santosh Nayak Vs Fakkirappa… — Civil Procedure and Limitation | Karnataka HC (2023)

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NC: 2023:KHC-D:14295 CRL.A No. 100557 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 7^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL APPEAL NO. 100557 OF 2023

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BETWEEN:

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SMT. PREETHI W/O SANTOSH NAYAK, AGE ABOUT 46 YEARS, OCC. HOUSEHOLD WORK, R/O. BRAHAMANGALLI ROAD, TQ. KARWAR, DIST. KARWAR-581301. (BY SRI. SANTOSH D. NARGUND, ADVOCATE)

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… APPELLANT

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AND:

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FAKKIRAPPA S/O PUTTAPPA GUDAGERI, AGE. 54 YEARS, OCC. AGRICULTURE, R/O. BYCHAVALLI, TQ. HANGAL, DIST. HAVERI-581110.

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… RESPONDENT

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Digitally signed by VIJAYALAKSHMIM KANKUPPI VIJAYALAKSHMIM KANKUPPI Date: 2023.12.11 11:15:06 +0530

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THIS CRIMINAL APPEAL FILED UNDER SECTION 378(4) OF CR.P.C., SEEKING TO ALLOW THIS CRIMINAL APPEAL, BY SETTING ASIDE THE JUDGMENT OF CONVICTION DATED 10/07/2023, PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, HAVERI, U/S. 138 OF N.I. ACT, AND DISMISSING THE JUDGMENT OF CONVICTION IN C.C.NO.291/2019 PASSED BY THE SENIOR CIVIL JUDGE, AND JMFC-HANGAL, DATED 20/02/2023, AND ORDER OF SENTENCE U/SEC.138 OF N.I. ACT, BE ACQUITTED TO THE APPELLANT/ACCUSED, FROM THE ALLEGED CHARGE AND CONSEQUENTLY ALLOW THE APPEAL.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2023:KHC-D:14295 CRL.A No. 100557 of 2023

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JUDGMENT

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Learned counsel for the appellant has filed memo seeking withdrawal of the criminal appeal with liberty to file Criminal Revision Petition.

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The memo reads thus:

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MEMO FOR WITHDRAWAL

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“The counsel for the appellant submits as under:

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That in the top noted matter the appellant has filed wrongly as Criminal Appeal, as it lies Criminal Revision Petition.

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Hence the Appellant may be permitted to withdraw the appeal with the liberty to file Criminal Revision Petition, by receiving the certified copies of the courts below Judgments, in the interest of justice and equity.”

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In view of the memo, appeal is dismissed as withdrawn with liberty to file Criminal Revision Petition.

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Registry is directed to return the documents to the

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learned counsel for the appellant.

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AC/CT:BCK/List No.: 1 Sl No.: 8

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Sd/JUDGE

Smt Preethi W/O Santosh Nayak v. Fakkirappa S/O Puttappa Gudageri

Case brief

What is this about?

What did the court decide?

Smt Preethi W/O Santosh Nayak v. Fakkirappa S/O Puttappa Gudageri

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

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