Criminal Revision Petition dismissed as abated, allowing petitioner liberty to file fresh petition after completion of witness cross-examination below.
Petition dismissed as abated; liberty to file fresh petition after witness cross-examination.
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NC: 2024:KHC-D:613 CRL.RP No. 100166 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100166 OF 2020
BETWEEN:
BASANAGOUDA CHANNAPPAGOUDA GUADASALMANI, AGE: 45 YEARS, OCC. AGRICLTURE, R/O. LAKKUNDI, TQ AND 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 VIJAYALAXMI VIJAYALAXMI M BHAT M BHAT Date: 2024.01.12 11:19:40 +0530
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C., SEEKING TO CALL FOR THE 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 CC 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 P/U/S/ 138 OF N.I. ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC-D:613 CRL.RP No. 100166 of 2020
ORDER
Learned counsel for the petitioner after arguing for sometime submits that CW1, CW6, CW7 and CW8 are examined before the trial Court. Their examination-in-chief is complete and cross examination of the said witnesses is yet to be done. He submits that the petition may be dismissed as withdrawn at this stage with liberty to the petitioner to approach this Court afresh after cross examination of both the witnesses completed.
Submission is placed on record.
Petition is dismissed as abated with liberty to the petitioner to file a fresh petition after cross examination of the aforesaid witnesses is completed.
Sd/JUDGE
VMB List No.: 1 Sl No.: 45
1 provisions across 1 enactments
BASANAGOUDA CHANNAPPAGOUDA GUADASALMANI
VEERESH SHANMUKHAPPA KUNDAGOL
VISHWAJITH SHETTY
As recorded by the court registry
2 orders share this CNR
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