A criminal revision petition challenging conviction under Section 138 of the Negotiable Instruments Act was dismissed as abated because the sole respondent had died and no steps were taken to join his legal representatives.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC-D:403 CRL.RP No. 100212 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100212 OF 2019
BETWEEN:
SRI PARAPPA S/O. MAHALINGAPPA HOSUR, AGED ABOUT: 69 YEARS, OCC: BUSINESS, R/AT: CHIMMAD VILLAGE, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOTE.
…PETITIONER
(BY SRI MRUTYUNJAY TATA BANGI, ADV.)
AND:
SRI SHRIMANT S/O. BASAPPA GUDLAMANI, AGED ABOUT: 45 YEARS, OCC: BUSINESS, R/AT: ULLAGADDI GALLI, JAMKHANDI, DIST: BAGALKOTE.
…RESPONDENT
(BY SRI BASAVARAJ B. JALIHAL, ADV. FOR SRI ANIL KALE, ADV.)
Digitally signed by VIJAYALAXMIM BHAT VIJAYALAXMIM BHATDate: 2024.01.10 16:26:47 +0530
THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397 R/W 401 OF THE CR.P.C., PRAYING TO SET ASIDE THE ORDERS PASSED BY THE 1ST ADDL DISTRICT AND SESSION JUDGE, BAGALKOKTE TO SIT AT JAMKHANDI PASSED IN CRL. APPEAL NO:41/2016 AND THE ORDER PASSED BY THE PRL. CIVIL JUDGE AND JMFC, JAMKHANDI PASSED IN CRL. CASE NO:76/2012 DTD: 20.08.2016 CONVICTING THE ACCUSED/PETTIIONER U/SEC-138 OF THE N.I.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC-D:403 CRL.RP No. 100212 of 2019
ORDER
Memo filed by the learned counsel for the respondent
reflects that the sole respondent has died on 15.06.2023.
Till date, no steps have been taken to bring the legal
representatives of sole respondent on record. Therefore, revision petition stands dismissed as abated.
Sd/JUDGE
KGK
List No.: 1 Sl No.: 19
1 issue framed by the court
Whether the revision petition survives when the sole respondent has died and no legal representatives have been brought on record.
2 provisions across 2 enactments
Parappa s/o Mahalingappa Hosur
Shrimant s/o Basappa Gudlamani
S.Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
