Dismissed

Vijaykumar S/O. Sangappa Kachattiyavar v. Dr. Rajashekhar, S/O.Thippanna Pawadshettar

Karnataka HC22 Jul 2024CRL.RP/100168/2021

Case brief

AI extract

What is this about?

A revision petition against conviction and fine under the cheque-dishonour offence could not proceed because the petitioner died before conclusion. After confirming the death through a police report, the court dismissed the revision as abated and left the respondent free to recover the fine per Cr.P.C.

What did the court decide?

Revision dismissed as abated on petitioner's death; respondent given liberty to recover the imposed amount in terms of Section 421 of Cr.P.C.

Vijaykumar S/O. Sangappa Kachattiyavar Vs Dr… — Cheque Dishonour | Karnataka HC (2024)

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NC: 2024:KHC-D:10204 CRL.RP No. 100168 of 2021

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22^ND DAY OF JULY, 2024 BEFORE

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THE HON'BLE MR JUSTICE S.RACHAIAH CRIMINAL REVISION PETITION NO. 100168 OF 2021 (397-)

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BETWEEN:

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VIJAYKUMAR S/O. SANGAPPA KACHATTIYAVAR AGE: 58 YEARS, OCC: ASST. PROFESSOR IN BHOOMARADDI COLLEGE, HUBLI, R/O.H.NO.69, SUSHISHETTAR BUILDING, 35^TH CROSS, LINGARAJ NAGAR, HUBLI, DIST: DHARWAD – 580034.

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…PETITIONER

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(BY SRI. GIRISH V. BHAT, ADVOCATE)

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AND:

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DR. RAJASHEKHAR, S/O. THIPPANNA PAWADSHETTAR, AGE: 61 YEARS, OCC: MEDICAL PRACTITIONER, R/O: 6^TH CROSS, K.C. RANI ROAD, GADAG DISTRICT, GADAG-582103.

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…RESPONDENT

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(BY SRI. C.S. SHETTAR AND SMT. KAVYA C. SHETTAR, ADVOCATES)

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CHANDRASHEKAR HIGH LAXMANKATTIMANI COURT OFKARNATAKA

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THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C., SEEKING TO ADMIT THE PETITION AND CALL FOR THE RECORDS AND ALLOW THE REVISION PETITION AND SET ASIDE THE IMPUGNED JUDGMENT PASSED BY THE DISTRICT AND SESSIONS JUDGE C/C PRL. JUDGE FAMILY COURT, GADAG DATED 12.04.2021 IN CRIMINAL APPEAL NO.99/2015 DISMISSING THE APPEAL AND FURTHER BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER OF SENTENCE PASSED BY THE I ST ADDITIONAL CIVIL JUDGE AND JMFC, GADAG DATED 03.11.2015 IN C.C. NO.710/2011, CONVICTING THE PETITIONER FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT AND IMPOSING FILE OF RS.10,10,000/- WITHIN TWO MONTHS AND IN DEFAULT TO UNDERGO SIMPLE IMPRISONMENT FOR 6 MONTHS, AND ACQUIT THE APPELLANT OF THE CHARGES LEVELLED AGAINST HIM.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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2 - NC: 2024:KHC-D:10204 CRL.RP No. 100168 of 2021

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ORDER

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On the previous date of hearing the learned counsel for the petitioner submitted that the petitioner died on 01.08.2023. However, he could not get the death certificate. Hence, this Court directed the jurisdictional police to get the death certificate of the deceased.

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Today, we have received the information by way of report by the jurisdictional police. As per the said report, petitioner died on 01.08.2023. Therefore, the revision petition dismissed as abated.

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Liberty is reserved to the respondent to take appropriate steps

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to recover the amount interms of Section 421 of Cr.P.C. in accordance with law.

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Sd/JUDGE

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VMB CT:ANB List No.: 2 Sl No.: 3

Vijaykumar S/O. Sangappa Kachattiyavar v. Dr. Rajashekhar, S/O.Thippanna Pawadshettar

Case brief

What is this about?

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Vijaykumar S/O. Sangappa Kachattiyavar v. Dr. Rajashekhar, S/O.Thippanna Pawadshettar

Case brief

What is this about?

What did the court decide?

What the court decided

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