CRL.RP No. 100312 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100308 OF 2023 (397(Cr.PC)/438(BNSS))

C/W CRIMINAL REVISION PETITION NO.100307 OF 2023 CRIMINAL REVISION PETITION NO.100312 OF 2023 IN CRL.RP.NO.100308/2023:

BETWEEN:

1. SOUND CAST ALLOYS PRIVATE LIMITED PLOT NO. 23, KIADB INDUSTRIES ESTATE, HONAGA, BELAGAVI, PINCODE-591156.

THE DIRECTOR.

2. SOUND CAST ALLOYS PRIVATE LIMITED, BY NAME SHRI SUBHASH S/O. YALLOJI KADOLKAR, AGE: 70 YEARS, OCC. NOW NIL, R/O. AMRUT NIVAS, III CROSS, Digitally signed by V VIJAY NAGAR, HINDALAGE, BELAGAVI-590003.

N BADIGER Location:

High Court …PETITIONER V N of BADIGER K D a h r a n r a w t a a d ka, (BY SRI. M.S. HIREMATH, ADVOCATE)

Bench Date:

2 1 0 0 2 :3 5 3 .0 :1 4 2 .19 +0530 AND:

BMI MINERAL PRIVATE LIMITED REPRESENTED BY ITS MANAGER SALES, MR. SACHIN BAPU SHETE, AGE: 37 YEARS, OCC. BUSINESS, R/O. OFFICE AT: 703/1, NEAR PATEL ROADWAYS, UDYAMBAG, BELAGAVI-590004.

…RESPONDENT (BY SRI. SACHCHIDANAND B. PATIL, ADVOCATE)

CRL.RP No. 100312 of 2023 THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS AND ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGMENT PASSED IN CRIMINAL APPEAL NO. 124/2021 DATED ON 29.04.2023 U/S. 138 OF NI ACT PASSED BY THE IX ADDL. DIST. AND SESSION JUDGE BELAGAVI AND ALSO THE JUDGEMENT AND ORDER PASSED IN C.C.NO. 667/2019 DATED 05.02.2021 U/S. 138 OF NI ACT PASSED BY THE V J.M.F.C BELAGAVI AND ALLOW THE REVISION PETITION.

IN CRL.RP.NO.100307/2023:

BETWEEN:

1. SOUND CAST ALLOYS PRIVATE LIMITED PLOT NO. 23, KIADB INDUSTRIES ESTATE, HONAGA, BELAGAVI, PINCODE-591156.

THE DIRECTOR.

2. SOUND CAST ALLOYS PRIVATE LIMITED, BY NAME SHRI SUBHASH S/O. YALLOJI KADOLKAR, AGE: 70 YEARS, OCC. NOW NIL, R/O. AMRUT NIVAS, III CROSS, VIJAY NAGAR, HINDALAGE, BELAGAVI-590003.

…PETITIONERS (BY SRI. M.S. HIREMATH, ADVOCATE)

AND:

BMI MINERAL PRIVATE LIMITED REPRESENTED BY ITS MANAGER SALES, MR. SACHIN BAPU SHETE, AGE: 37 YEARS, OCC. BUSINESS, R/O. OFFICE AT: 703/1, NEAR PATEL ROADWAYS, UDYAMBAG, BELAGAVI-590004.

…RESPONDENT (BY SRI. SACHCHIDANAND B. PATIL, ADVOCATE)

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS AND ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGMENT PASSED IN CRIMINAL APPEAL NO. 125/2021 DATED ON 29.04.2023 PASSED BY THE IX ADDL.

CRL.RP No. 100312 of 2023 DIST. AND SESSION JUDGE BELAGAVI AND ALSO THE JUDGEMENT AND ORDER PASSED IN C.C.NO. 668/2019 DATED 05.02.2021 PASSED BY THE V J.M.F.C BELAGAVI AND ALLOW THE REVISION PETITION.

IN CRL.RP.NO.100312/2023:

BETWEEN:

1. SOUND CAST ALLOYS PRIVATE LIMITED PLOT NO. 23, KIADB INDUSTRIES ESTATE, HONAGA, BELAGAVI, PINCODE-591156.

THE DIRECTOR.

2. SOUND CAST ALLOYS PRIVATE LIMITED, BY NAME SHRI SUBHASH S/O. YALLOJI KADOLKAR, AGE: 70 YEARS, OCC. NOW NIL, R/O. AMRUT NIVAS, III CROSS, VIJAY NAGAR, HINDALAGE, BELAGAVI-590003.

…PETITIONERS (BY SRI. M.S. HIREMATH, ADVOCATE)

AND:

BMI MINERAL PRIVATE LIMITED REPRESENTED BY ITS MANAGER SALES, MR. SACHIN BAPU SHETE, AGE: 37 YEARS, OCC. BUSINESS, R/O. OFFICE AT: 703/1, NEAR PATEL ROADWAYS, UDYAMBAG, BELAGAVI-590004.

…RESPONDENT (BY SRI. SACHCHIDANAND B. PATIL, ADVOCATE)

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 AND 401 OF CR.P.C. SEEKING TO CALL RECORDS AND ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGMENT PASSED IN CRIMINAL APPEAL NO. 127/2021 DATED ON 29.04.2023 PASSED BY THE IX ADDL. DISTRICT AND SESSION JUDGE BELAGAVI AND ALSO THE JUDGMENT AND ORDER PASSED IN CC NO. 666/2019 DATED 05.02.2021 PASSED BY THE V JMFC BELAGAVI, AND ALLOW THE REVISION PETITION.

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

CRL.RP No. 100312 of 2023

ORAL ORDER

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

Heard Sri. Mahantesh S. Hiremath, learned counsel for the petitioners.

2. Sri.Mahantesh S. Hiremath submits that revision petitioner is a private limited