Dismissed¶24

Creative Sign Center by Its Partner v. Shri. Guruprasad M Katti

Karnataka HC19 Mar 2025CRL.A/100144/2025

Case brief

AI extract

What is this about?

Section 138 N.I. Act cheque case; criminal appeal under Sec. 378(4) Cr.P.C. read with Sec. 419 BNSS Act against VIII JMFC Belagavi judgment in C.C.No. 428/2022 dated 11.11.2024; appeal dismissed as withdrawn on memo filed by counsel for appellant stating appeal not maintainable, with liberty to file Criminal Revision Petition; documents ordered returned; Karnataka High Court, Dharwad Bench; Justice Shivashankar Amarannavar; decided 19.03.2025.

What did the court decide?

Appeal dismissed as withdrawn with liberty as prayed for (to pursue the fresh remedy sought in the memo); Registry directed to return all documents to learned counsel for the appellant. ¶24

Creative Sign Center by Its Partner Vs Shri. Guruprasad M… — Cheque Dishonour | Karnataka HC (2025)

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NC: 2025:KHC-D:5029 CRL.A No. 100144 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19^TH DAY OF MARCH, 2025 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL APPEAL NO.100144 OF 2025

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BETWEEN:

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CREATIVE SIGN CENTER BY ITS PARTNER, SHRI VEERENDRA A KALBURGI, AGE: 36 YEARS, OCC: BUSINESS, R/O: FIRST FLOOR, DAVANGMATH COMPLEX, HUNS ROAD, BELAGAVI – 590 007.

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…APPELLANT

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(BY SRI MAHANTESH S. HIREMATH, ADVOCATE)

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AND:

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SHRI GURUPRASAD M. KATTI, AGE: 32 YEARS, OCC: BUSINESS, R/O: BOLSETTY COLONY, MADIWALE CHAWAL, CHUNA BHATTI, AT AND POST BAILHONGAL, DIST: BELAGAVI – 590 008.

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…RESPONDENT

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Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad

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THIS CRIMINAL APPEAL IS FILED U/SEC. 378(4) OF CR.P.C. (U/SEC. 419 OF BNSS ACT), SEEKING TO SET ASIDE THE JUDGMENT AND ORDER PASSED BY VIII J.M.F.C. BELAGAVI, IN C.C.NO. 428/2022, JUDGMENT DATED 11.11.2024 FOR THE OFFENCE UNDER SECTION 138 OF N.I ACT AND KINDLY ALLOW THE PETITION FILED BY THE APPELLANT AND IMPOSE THE DOUBLE CHEQUE AMOUNT. IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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NC: 2025:KHC-D:5029 CRL.A No. 100144 of 2025

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ORAL ORDER

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Learned counsel for the appellant files a memo

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seeking withdrawal of the appeal with liberty to file a fresh petition.

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Memo reads thus;

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“Herein, the memo on behalf of petitioner above noted case appeal is not maintainable hence liberty may kindly given to petitioner to file the Criminal Revision petition before this Court. Hence, this memo.”

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In view of the memo, the appeal is dismissed as withdrawn with liberty as prayed for.

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Registry is directed to return all the documents to learned counsel for the appellant.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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PJ/CT-ASC List No.: 1 Sl No.: 9

Creative Sign Center by Its Partner v. Shri. Guruprasad M Katti

Case brief

What is this about?

What did the court decide?

Creative Sign Center by Its Partner v. Shri. Guruprasad M Katti

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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