Dismissed¶34

Sri. K. C. Balaram v. Sri. J R Raju

Karnataka HC24 Apr 2025CRL.RP/70/2020

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; single judge J.M.Khazi; CRL.RP No. 70 of 2020; decided 24.04.2025; abatement of criminal revision petition on death of petitioner/accused; S.138 Negotiable Instruments Act cheque-dishonour conviction upheld below; death of petitioner's advocate, Court notice 11.07.2024, police report of death 19.12.2022, legal heirs did not prosecute; dismissal as abated; liberty to complainant to recover fine from accused's property.

What did the court decide?

No relief to petitioner; revision petition dismissed as abated on the death of the petitioner/accused, with liberty reserved to the respondent/complainant to proceed against the property of the accused to recover the fine amount. ¶34

Sri. K. C. Balaram Vs Sri. J R Raju — Cheque Dishonour | Karnataka HC (2025)

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NC: 2025:KHC:16770 CRL.RP No. 70 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MS JUSTICE J.M.KHAZI

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CRIMINAL REVISION PETITION NO. 70 OF 2020

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(397(Cr.PC) / 438(BNSS))

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BETWEEN:

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SRI. K. C. BALARAM S/O CHENNAVIRE GOWDA, AGED ABOUT 56 YEARS, R/AT SRI DEVI KRUPA, BALARAM PROVISION STORES, NANJUNDESHWARA FERTILIZER BUILDING, B.M. ROAD ALUR, OLD SANTHE ROAD, HASSAN-573 213.

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…PETITIONER

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(BY SRI.K.C.BALARAM, ADVOCATE)

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AND:

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Digitally signed by REKHA R Location: High Court of Karnataka

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SRI. J R RAJU MAJOR, S/O. RAMEGOWDA, R/AT NO.90, 3^RD CROSS, 1^ST MAIN ROAD, MAHALAKSHMIPURAM, BANGALORE-560 086.

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…RESPONDENT

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(BY SRI.D.C.JAGADEESH, ADVOCATE)

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THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED

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NC: 2025:KHC:16770 CRL.RP No. 70 of 2020

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09.08.2016 PASSED IN C.C.NO.23499/2009 ON THE FILE OF XIX ADDL.C.M.M., AT BENGALURU AND CONFIRMED IN CRL.A.NO.945/2016 ON THE FILE OF LXIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-65), BANGALORE DATED: 24.09.2019, FOR THE OFFENCE P/U/S 138 OF N.I. AMENDED ACT BY ALLOWING THIS REVISION PETITION.

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

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CORAM: HON'BLE MS JUSTICE J.M.KHAZI

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ORAL ORDER

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No representation for both sides.

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On the ground that the learned counsel who is appearing for the petitioner is no more, on 11.07.2024, Court notice was ordered to the petitioner.

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However, Court notice issued to petitioner is returned

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with report of the concerned police stating that petitioner is no more. The report states that the petitioner has died on 19.12.2022. His legal heirs have not come forward to prosecute the matter.

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This revision petition is filed by the

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petitioner/accused challenging his conviction and sentence

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NC: 2025:KHC:16770 CRL.RP No. 70 of 2020

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imposed by the trial Court for the offence punishable under Section 138 of the N.I Act, which came to be confirmed by the Sessions Court by dismissing the appeal filed by the petitioner/accused.

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