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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE Em DAY OF AUGUST, 2010
BEFORE
THE HONBLE MRJUSTICE SUBHASH I:
CRIMINAL REVISION PETITION "
BETWEEN: I I I I I
SI'i.G.MaheSh
S/O Gurupadappa
Aged about 29 years
R/a. Kudlapura Village
Kavalande Hobli ._ --.
Nanjangud Taluk _ F '
Mysore District. , _, ' ....PETITIONER
'H.P. Adv.)
SI'i.N.Ravi I I _ I ,
S/0 late Nanjap_pavshetty'._v
Aged abOut_50 years" 'I '
- R/at NE..3gI_67.VV 10th' Cr.0_sS.ExtenSiOn
" Nanj afigud "I'OWn_
'Mysore. VDI.s_t':~I¢-I;..IV ...RESPONDENT
(By Sri.P.Mahesha. Adv.)
'I;I-{ISIA.VC.R4IMINAL REVISION PETITION IS FILED UNDER
» i;j'~.__S1«:CTION -397 READ WITH 401 CR.P.C PRAYING THAT THIS
' .{:iON"BL_E COURT MAY BE PLEASED TO ALLOW THE ABOVE
CRIMINAL REVISION PETITION AND SET ASIDE THE ORDER
_I;_)A'TED:" 30.6.2009, MADE IN CRIMINAL APPEAL No.63/2009 ON
STHEEFILE OF THE PRL. DISTRICT AND SJ AT MYSORE, AND '10
.._4 CONSIDER THE SAID APPEAL ON MERITS.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
O R D E R
Heard.
Miso.Cr1.394/2010 is allowed. Delay condoned.
Petitioner has called in question the
30.6.2009 in Cr1.A.N0.63/2009.
2. Petitioner is convicted in ;e.c’._i\1o.;1’8g6-3/2oo.7.._;aa;ea~
18.4.2009 for the offence punishable tinder sectie.n’,’i3’8 c;.f”ihe”~_
Negotiable Instruments Act with’V”e’s:iinpIe ifnprisonmentl for a
period of six months and e’o;n_pensation, lakhslvvto be paid
within three months, in default, six months
imprisonment. As ‘against::A_whir.:Vh, ‘theVl.japp_e:ailwas filed. In the
appeal, the direeted the petitioner to deposit
50% of thevV”compensatioin_aino’u.n.t. Though time was granted, the
appellant did deposit the said amount and as such, by
z_i31:”d€.I: the”Ap’p’el1ate Court dismissed the appeal. As
“petition has been filed.
3:» This Court while granting interim order, had directed
petitioner to deposit 50% of the compensation amount
–four weeks.
4. Petitioners counsel submits that, he has now deposited
A ” the amount.
as.’
{Q
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5. In View o_f the same, this petition is ailowed. The order
impugned is set aside. The matter is remitted to the Appellate
Court to hear on merit.
Parties to appear before the trial Court on _T .
%§UDGEi=