Ratna W/O. Late Kps Moorthi Vs Balappa S/O. Devappa Baraker

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NC: 2025:KHC-D:10761 CRL.P No. 102373 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23^RD DAY OF AUGUST, 2025 BEFORE

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THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 102373 OF 2025 (482(CR.PC)/528(BNSS))

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BETWEEN:

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RATNA W/O. LATE KPS MOORTHI, AGE. 45 YEARS, OCC. HOUSEHOLD, R/O. 2^ND CROSS, PADAKI LAYOUT, NEAR BRAHMA KUMARI ASHRAMA, KOPPAL, TQ. AND DIST. KOPPAL-583 231.

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… PETITIONER

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(BY SRI. SUBHASH J. BADDI, ADVOCATE)

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AND:

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BALAPPA S/O. DEVAPPA BARAKER, AGE. MAJOR, OCC. AGRI., R/O. B.T. PATIL NAGAR, KOPPAL, TQ. AND DIST. KOPPAL-583 231.

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Digitally signed by RAKESH S RAKESH HARIHAR S Location:HIGH COURT HARIHAR OF KARNATAKA DHARWAD BENCH

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1A. SMT. SUNANDA W/O LATE BALAPPA BARAKER, AGE. 50 YEARS, OCC: HOUSEHOLD, R/O. B.T. PATIL NAGAR, BEHIND FOCUS MART, KOPPAL, TQ. AND DIST. KOPPAL-583231.

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(BY SRI. NEELENDRA GUNDE, ADVOCATE)

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… RESPONDENT

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO SET ASIDE THE ORDER PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE KOPPAL IN CRL. A. NO.24/2023 DATED 12.11.2024 AND RESTORE THE CRL. A NO.24/2023 AS PRAYED FOR.

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THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:10761 CRL.P No. 102373 of 2025

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

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Petitioner is before this court under Section 482 of Cr.P.C, with a prayer to set aside the order dated 12.11.2024 passed by the Court of Principal District and Session Judge, Koppal in Criminal Appeal No.24 of 2023 dismissing the appeal for default.

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Heard the learned counsel for the parties.

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Respondent had filed private complaint against the petitioner before the Court of Additional Civil Judge and JMFC, Koppal for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 and after taking cognizance of the alleged offence the petitioner who is the accused in the said proceedings was tried for the said offence in C.C.No.306 of 2014. It appears that the original complainant Balappa, had died on 18.08.2020 and thereafter his wife Smt.Sunanda had come on record and had prosecuted the proceedings before the trial Court. The trial Court, by judgment and order dated 06.01.2023, convicted and sentenced the petitioner for offence punishable

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NC: 2025:KHC-D:10761 CRL.P No. 102373 of 2025

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HC-KAR

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under Section 138 of N.I. Act. As against the said judgment and order of conviction and sentence, the petitioner had filed Criminal Appeal No.24 of 2023 before the Court of Principal District and Sessions Judge, Koppal. In the cause title of the judgment in C.C.No.306 of 2014, the name of deceased Balappa was reflected, though his wife had already come on record. Balappa was therefore made as respondent before the appellate Court and the notice issued to respondent in the Criminal Appeal was returned with a shara ‘the respondent had died’. For the reason that steps were not taken to bring the legal representative of deceased Balappa on record, the appeal was dismissed for default on 12.11.2024. It is under these circumstances, the petitioner is before this Court.

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Learned counsel for the respondent fairly submits that wife of the deceased Balappa had already come on record before the trial Court. But inadvertently her name was not reflected in the cause title of the judgment passed in C.C.No. 306 of 2014.

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NC: 2025:KHC-D:10761 CRL.P No. 102373 of 2025

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HC-KAR

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The appeal was filed by the petitioner against the judgment and order of conviction and sentence passed by the trial Court and therefore if the same is not heard on merits the petitioner will be put to untold hardship.

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Learned counsel for the petitioner submits that the appellate Court by order dated 19.09.2023 while suspending the order of sentence passed by the trial Court has directed the petitioner to deposit 20% of the fine amount and if the petitioner has not deposited the said amount in compliance of the said order, the petitioner shall deposit the said amount before the trial Court within a period of four weeks from today.

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The said submission is placed on the record.

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Accordingly the following :-

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ORDER

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(i) Criminal petition is allowed.

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(ii) The order dated 12.11.2024 passed by the Court of Principal District & Sessions Judge, Koppal in Criminal Appeal No.24 of 2023 is set aside. The appeal is restored to file.

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NC: 2025:KHC-D:10761 CRL.P No. 102373 of 2025

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HC-KAR

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(iii) The petitioner shall comply the interim order dated 19.09.2023 passed in Crl.A.No.24/2023, if not already complied within a period of four weeks from today.

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(iv) Since the parties are represented before this Court, the parties are directed to appear before the appellate Court on 09.09.2025 without awaiting for further notice.

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(v) The appellate Court shall make endeavour to dispose of the appeal expeditiously.

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Sd/(S.VISHWAJITH SHETTY)

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JUDGE

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NMS CT:BCK LIST NO.: 1 SL NO.: 13

Ratna W/O. Late Kps Moorthi v. Balappa S/O. Devappa Baraker

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Ratna W/O. Late Kps Moorthi v. Balappa S/O. Devappa Baraker

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