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2023 Supreme(Online)(KAR) 19714

BENCH AT DHARWAD
CHARANJIT SINGH ANAND S/O SWINDER SINGH ANAND – Appellant
Versus
MALLIKARJUN S/O NINGAPPA GORAVI – Respondent


Appellant/complainant feeling aggrieved by judgment of

acquittal passed by Prl. Civil Judge and JMFC, Hubballi, in

C.C.No.1308/2012 dated 13.06.2018 preferred this appeal.

2.

The trial Court by its judgment dated 30.12.2015

convicted the accused and imposed sentence as per order of

sentence. Accused feeling aggrieved by the said judgment of

conviction and order of sentence preferred appeal before the

first Appellate court in Crl.A.No.17/2016. The first Appellate

Court by its judgment dated 27.01.2018 allowed the appeal in

part and remanded the case to trial Court to re-examine the

documents Exs.P.5, 12 and 13 and also for ascertaining

compensation. It is after remand the trial Court by impugned

judgment acquitted the case.

3.

Parties to the appeal are referred with their ranks as

assigned in the trial Court for the sake of convenience.

4.

The

factual

matrix

leading

to

the

case

of

prosecution can be stated in nutshell to the effect that

- 3 -

complainant is a proprietor of Karnataka Automotive situated at

Harbachan complex, Deshpande nagar, Hubballi, being the sole

distributor for Bharat Springs. Accused is known to complainant

being the businessman and good friend. Complain

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