Dismissed¶¶38

Smt. Shobha v. Shri. Dilawar Gous Mulla

Karnataka HC8 Apr 2025CRL.RP/100056/2022

Case brief

AI extract

What is this about?

Karnataka High Court, Dharwad Bench (Justice V. Srishananda, 08.04.2025) — CRL.RP Nos.100052 & 100056 of 2022 under S.397 r/w 401 Cr.P.C. against appellate confirmation of S.138 N.I. Act trial court orders (CC Nos.780/2016 & 781/2016); petitions dismissed as abated on death of petitioner; amount in deposit released to complainant under due identification. No merits adjudicated; no precedents cited.

What did the court decide?

Both criminal revision petitions dismissed as abated on the memo reporting the petitioner's death; complainant permitted to withdraw the amount in deposit under due identification. ¶¶38

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

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

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 8^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V.SRISHANANDA

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

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C/W

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CRIMINAL REVISION PETITION NO. 100056 OF 2022

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

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

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…PETITIONER

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(BY SRI. BALAGOUDA A. PATIL, ADVOCATE)

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AND:

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

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

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…RESPONDENT

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(BY SRI. AVINASH BANAKAR, ADVOCATE)

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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

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

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

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

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

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…PETITIONER

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(BY SRI. BALAGOUDA A. PATIL, ADVOCATE)

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AND:

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SHRI DILAWAR GOUS MULLA

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

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…RESPONDENT

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(BY SRI. AVINASH BANAKAR, ADVOCATE)

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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.

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

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

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ORAL ORDER

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

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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.

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

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SD/(V.SRISHANANDA)

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JUDGE

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

Smt. Shobha v. Shri. Dilawar Gous Mulla

Case brief

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Smt. Shobha v. Shri. Dilawar Gous Mulla

Case brief

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