Two criminal revision petitions challenging conviction under Section 138 of the NI Act were dismissed as abated after a police report confirmed the petitioner had died before disposal.
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:215 CRL.RP No. 100300 of 2019 C/W CRL.RP No. 100299 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100300 OF 2019 C/W
CRIMINAL REVISION PETITION NO. 100299 OF 2019
IN CRL.RP.NO.100300/2019:
BETWEEN:
SMT. INDIRA ANANDARAJ W/O. LATE ANANDARAJ, AGED ABOUT 69 YEARS, OCC: RETIRED EMPLOYEE, R/O: DR.LAJARAS COMPOUND, ZILLA PANCHAYAT ROAD, BALLARI, TQ AND DIST: BALLARI-583101.
…PETITIONER
(BY SRI VIDYASHANKAR G. DALWAI, ADVOCATE)
AND:
Digitally signed by VIJAYALAXMIM BHAT VIJAYALAXMIM BHATDate: 2024.01.05 14:54:11 +0530
SMT. LAKSHMIDEVI @ LAXMIDEVI W/O. PAMPENDRA SWAMY @ PAMPENDRA SWAMY, AGED ABOUT 50 YEARS, R/O: S.V.CHETTY COMPUND, DOOR NO.3, WARD NO.32, FORT, BALLARI, NOW AT KOPPAL, DIST: KOPPAL-582101.
…RESPONDENT (BY SRI PANDURANG HANAMSAGAR, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.PC.. SEEKING TO ALLOW THE CRIMINAL REVISION PETITION AND CALL FOR THE RECORDS OF COURTS BELOW AND SET ASIDE THE JUDGMENT AND ORDER DATED 05.01.2019 IN C.C.NO.1780/2014 PASSED BY THE V-ADDL. CIVIL JUDGE & JMFC COURT, BALLARI AND JUDGMENT AND ORDER DATED 30.09.2019 IN CRL.A.NO.05/2019 PASSED BY THE II-ADDL. DIST. &
NC: 2024:KHC-D:215 CRL.RP No. 100300 of 2019 C/W CRL.RP No. 100299 of 2019
SESSIONS JUDGE, BALLARI AND ACQUIT THE PETITIONER FOR THE OFFENCES P/U/S 138 OF NI ACT.
IN CRL.RP.NO.100299/2019:
BETWEEN:
SMT. INDIRA ANANDARAJ W/O. LATE ANANDARAJ, AGED ABOUT 69 YEARS, OCC: RETIRED EMPLOYEE, R/O: DR.LAJARAS COMPOUND, ZILLA PANCHAYAT ROAD, BALLARI, TQ AND DIST: BALLARI-583101.
…PETITIONER
(BY SRI VIDYASHANKAR G. DALWAI, ADVOCATE)
AND:
SMT. LAKSHMIDEVI @ LAXMIDEVI W/O. PAMPENDRA SWAMY @ PAMPENDRA SWAMY, AGED ABOUT 50 YEARS, R/O: S.V.CHETTY COMPUND, DOOR NO.3, WARD NO.32, FORT, BALLARI, NOW AT KOPPAL, DIST: KOPPAL-582101.
…RESPONDENT (BY SRI PANDURANG HANUMSAGAR, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.PC.. SEEKING TO ALLOW THE CRIMINAL REVISION PETITION AND CALL FOR THE RECORDS OF COURTS BELOW AND SET ASIDE THE JUDGMENT AND ORDER DATED 05.01.2019 IN C.C.NO.952/2015 PASSED BY THE V-ADDL. CIVIL JUDGE & JMFC COURT, BALLARI AND JUDGMENT AND ORDER DATED 30.09.2019 IN CRL.A.NO.06/2019 PASSED BY THE II-ADDL. DIST. & SESSIONS JUDGE, BALLARI AND ACQUIT THE PETITIONER FOR THE OFFENCES P/U/S 138 OF NI ACT.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The Police report dated 03.01.2024 reflects that the petitioner Smt.Indira Anandaraj, W/o. late Anandaraj, is
dead. Therefore, petitions are dismissed as abated.
The respondent/complainant is at liberty to withdraw
the amount deposited by the petitioner if any, before the Courts below.
Sd/JUDGE
AC List No.: 1 Sl No.: 15
3 provisions across 2 enactments
Smt. Indira Anandaraj
Smt. Lakshmidevi @ Laxmidevi
S. Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
