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Smt. Shobha Vs Shri. Dilawar Gous Mulla — Cheque Dishonour | Karnataka HC (2025)

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Karnataka HC
2025
Smt. Shobha Vs Shri. Dilawar Gous MullaSmt. Shobha v. Shri. Dilawar Gous Mulla

Dismissed¶38

Smt. Shobha v. Shri. Dilawar Gous Mulla

Karnataka HC8 Apr 2025CRL.RP/100052/2022

Case brief

AI extract

What is this about?

Karnataka High Court Dharwad Bench; criminal revision petitions CRL.RP 100052/2022 and 100056/2022; S.397 r/w S.401 Cr.P.C.; caption mapping 397(Cr.PC)/438(BNSS); S.138 N.I. Act cheque dishonour prosecutions in CC Nos. 780 and 781 of 2016 (Principal Civil Judge and JMFC, Sankeshwar); appellate confirmations in Criminal Appeal Nos. 280 and 373 of 2019 (VII Additional District and Sessions Judge, Belagavi at Chikodi); abatement of revision petition upon petitioner's death with death certificate memo; withdrawal of amount in deposit by complainant under due identification; single-judge order of Justice V.Srishananda dated 08.04.2025.

What did the court decide?

No relief to the petitioner; both petitions dismissed as abated following report of her death. The amount in deposit was ordered to be withdrawn by the complainant under due identification.

Why is it important?

Upon a memo filed on behalf of the petitioners reporting the petitioner's death, with the death certificate placed on record, both criminal revision petitions stand dismissed as abated; the substantive challenges were not adjudicated. ¶38

What the court decided

AI extract

Outcome

No relief to the petitioner; both petitions dismissed as abated following report of her death. The amount in deposit was ordered to be withdrawn by the complainant under due identification.

Issue for consideration

In CRL.RP No.100052/2022: whether the order dated 17.04.2021 in Criminal Appeal No.280/2019, confirming the order dated 18.07.2019 in CC No.780/2016 (Principal Civil Judge and JMFC, Sankeshwar), should be set aside under Sections 397/401 Cr.P.C. (raised by the prayer; not decided on merits owing to abatement). +1 more

Ratio / Principle

Upon a memo filed on behalf of the petitioners reporting the petitioner's death, with the death certificate placed on record, both criminal revision petitions stand dismissed as abated; the substantive challenges were not adjudicated.

Key takeaways

The amount lying in deposit is ordered to be withdrawn by the complainant under due identification.ratio¶39

Detailed headnote1 paragraphs

Two criminal revision petitions (CRL.RP Nos. 100052 and 100056 of 2022) under S.397 r/w S.401 Cr.P.C. by Smt. Shobha w/o Kalagouda Manjaragi sought setting aside of orders dated 17.04.2021 passed in Criminal Appeal Nos. 280/2019 and 373/2019 by the VII Additional District and Sessions Judge, Belagavi, sitting at Chikodi, whereby the orders dated 18.07.2019 in CC No.780/2016 and 12.09.2019 in CC No.781/2016 (offence punishable under S.138 N.I. Act) of the Principal Civil Judge and JMFC, Sankeshwar had been confirmed. Before any adjudication on merits, a memo with the death certificate reported the petitioner's death; the Court dismissed both petitions as abated and directed that the amount in deposit be withdrawn by the complainant under due identification. Oral order by Justice V.Srishananda, High Court of Karnataka, Dharwad Bench, dated 08.04.2025 (NC: 2025:KHC-D:6237).

A

NC: 2025:KHC-D:6237 CRL.RP No. 100052 of 2022 C/W CRL.RP No. 100056 of 2022

1 -

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 8^TH DAY OF APRIL, 2025

BEFORE

THE HON'BLE MR. JUSTICE V.SRISHANANDA

CRIMINAL REVISION PETITION NO.100052 OF 2022 (397(Cr.PC)/438(BNSS))

C/W

CRIMINAL REVISION PETITION NO. 100056 OF 2022

IN CRL.RP.NO.100052/2022: BETWEEN:

SMT. SHOBHA W/O. KALAGOUDA MANJARAGI, AGE: 55 YEARS, OCC. BUSINESS, R/O. AMMANAGI-591236, TQ. HUKKERI, DIST. BELAGAVI.

…PETITIONER

(BY SRI. BALAGOUDA A. PATIL, ADVOCATE)

AND:

Digitally signed by V NBADIGER V NBADIGER Location: HighCourt ofKarnataka,Dharwad Bench Date: 2025.04.15 14:46:33 +0530

SHRI DILAWAR GOUS MULLA AGE: 38 YEARS, OCC. PWD CONTRACTOR, R/O. ANKALI ROAD, SANKESHWAR-591313, TQ. HUKKERI, DIST. BELAGAVI.

…RESPONDENT

(BY SRI. AVINASH BANAKAR, ADVOCATE)

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C., SEEKING TO SET ASIDE THE ORDER DATED 17.04.2021 PASSED IN CRIMINAL APPEAL NO.280/2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT CHIKODI, CONFIRMING THE ORDER DATED 18.07.2019 IN CC

NC: 2025:KHC-D:6237 CRL.RP No. 100052 of 2022 C/W CRL.RP No. 100056 of 2022

2 -

NO.780/2016 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, SANKESHWAR, BE DISMISSED AND THIS CRIMINAL REVISION PETITION BE ALLOWED.

IN CRL.RP.NO.100056/2022: BETWEEN:

SMT. SHOBHA W/O. KALAGOUDA MANJARAGI, AGE: 45 YEARS, OCC. BUSINESS, R/O. AMMANAGI-591236, TQ. HUKKERI, DIST. BELAGAVI.

…PETITIONER

(BY SRI. BALAGOUDA A. PATIL, ADVOCATE)

AND:

SHRI DILAWAR GOUS MULLA

AGE: 40 YEARS, OCC. PWD CONTRACTOR, R/O. ANKALI ROAD, SANKESHWAR-591313, TQ. HUKKERI, DIST. BELAGAVI.

…RESPONDENT

(BY SRI. AVINASH BANAKAR, ADVOCATE)

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C., SEEKING TO SET ASIDE THE ORDER DATED 17.04.2021 PASSED IN CRIMINAL APPEAL NO.373/2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT CHIKODI, CONFIRMING THE ORDER DATED 12.09.2019 IN CC NO.781/2016 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, SANKESHWAR, FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I. ACT, BE DISMISSED AND THIS CRIMINAL REVISION PETITION BE ALLOWED.

THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

NC: 2025:KHC-D:6237 CRL.RP No. 100052 of 2022 C/W CRL.RP No. 100056 of 2022

3 -

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

On behalf of the petitioners, memo filed reporting the death of petitioner along with copy of the death certificate. Same is placed on record and petitions are dismissed as abated.

Amount in deposit is ordered to be withdrawn by the complainant under due identification.

SD/(V.SRISHANANDA)

JUDGE

HMB CT:PA List No.: 2 Sl No.: 53

Issues for consideration

2 issues framed by the court

AI extract

1.
In CRL.RP No.100052/2022: whether the order dated 17.04.2021 in Criminal Appeal No.280/2019, confirming the order dated 18.07.2019 in CC No.780/2016 (Principal Civil Judge and JMFC, Sankeshwar), should be set aside under Sections 397/401 Cr.P.C. (raised by the prayer; not decided on merits owing to abatement).medium confidence¶19
2.
In CRL.RP No.100056/2022: whether the order dated 17.04.2021 in Criminal Appeal No.373/2019, confirming the order dated 12.09.2019 in CC No.781/2016 under Section 138 of the N.I. Act, should be set aside under Sections 397/401 Cr.P.C. (raised by the prayer; not decided on merits owing to abatement).medium confidence¶32

Statutes considered

3 provisions across 3 enactments

AI extract

Cr.P.C.397 R/W. 401¶19
N.I. Act138¶32
Cr.PC / BNSS397 / 438¶7

Procedural history

How this case reached the court

AI extract

Order under challenge
Orders dated 17.04.2021 passed in Criminal Appeal No.280/2019 (challenged in CRL.RP No.100052/2022) and Criminal Appeal No.373/2019 (challenged in CRL.RP No.100056/2022) by the VII Additional District and Sessions Judge, Belagavi, sitting at Chikodi, respectively confirming the trial-court orders dated 18.07.2019 in CC No.780/2016 and 12.09.2019 in CC No.781/2016; both appellate orders were sought to be set aside in revision.¶19
VII Additional District and Sessions Judge, Belagavi, sitting at Chikodi · 17.04.2021
Prior proceeding
Trial court (first case): order dated 18.07.2019 in CC No.780/2016 on the file of the Principal Civil Judge and JMFC, Sankeshwar, later confirmed by the appellate order challenged in CRL.RP No.100052/2022.¶22
Prior proceeding
Confirmation stage (first case): the order dated 17.04.2021 in Criminal Appeal No.280/2019 confirmed the order dated 18.07.2019 in CC.¶19
Prior proceeding
Second case chain: order dated 17.04.2021 in Criminal Appeal No.373/2019 confirmed the order dated 12.09.2019 in CC No.781/2016 on the file of the Principal Civil Judge and JMFC, Sankeshwar, for offences punishable under Section 138 of the N.I. Act.¶32

Parties & counsel

AI extract

petitioner
SMT. SHOBHA W/O. KALAGOUDA MANJARAGI¶11
Balagouda A. Patil
respondent
SHRI DILAWAR GOUS MULLA¶16
Avinash Banakar

Coram

AI extract

V.SRISHANANDAauthor¶37

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 8 Apr 2025 · April
Registered: 9 Feb 2022
Case no.: CRL.RP/100052/2022
CNR: KAHC020018462022
Topic: Cheque Dishonour
Bench: V.srishananda
Disposal: Abated
Case type: CRL.RP

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Cite this judgement

Smt. Shobha v. Shri. Dilawar Gous Mulla, CRL.RP/100052/2022 (KA), decided on 8 April 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Cr.P.C.397 R/W. 401
N.I. Act138
Cr.PC / BNSS397 / 438

View all statutes

Procedural history4

Orders dated 17.04.2021 passed in Criminal Appeal No.280/2019 (challenged in CRL.RP No.100052/2022) and Criminal Appeal No.373/2019 (challenged in CRL.RP No.100056/2022) by the VII Additional District and Sessions Judge, Belagavi, sitting at Chikodi, respectively confirming the trial-court orders dated 18.07.2019 in CC No.780/2016 and 12.09.2019 in CC No.781/2016; both appellate orders were sought to be set aside in revision.VII Additional District and Sessions Judge, Belagavi, sitting at Chikodi · 17.04.2021
Trial court (first case): order dated 18.07.2019 in CC No.780/2016 on the file of the Principal Civil Judge and JMFC, Sankeshwar, later confirmed by the appellate order challenged in CRL.RP No.100052/2022.
Confirmation stage (first case): the order dated 17.04.2021 in Criminal Appeal No.280/2019 confirmed the order dated 18.07.2019 in CC.

View full history

Bench / Coram

V.SRISHANANDA

Parties & counsel