Karnataka High Court
CRL.RP/1438/2025 of ABHINANDANA D V Vs VENKATESH on 30 July 2026
CNR: KAHC010635372025 NC: 2026:KHC:39762 CRL.RP No. 1438 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.1438 OF 2025 BETWEEN: 1. ABHINANDANA D.V., AGED ABOUT 40 YEARS S/O LATE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO.1438 OF 2025
BETWEEN:
1.
ABHINANDANA D.V.,
AGED ABOUT 40 YEARS
S/O LATE D.N.VENKATARAMAIAH
R/AT NO.716, 1 ‘B’ MAIN
7TH BLOCK, 3RD STAGE
GIRINAGARA
BENGALURU-560 085.
…PETITIONER
(BY SRI. PRAVEEN C., ADVOCATE)
AND:
1.
VENKATESH
AGED ABOUT 42 YEARS
S/O GIRIYAPPA
R/AT THALEKERE HAND POST
DODDAMADHURE POST
MAGADI TALUK
RAMANAGARA-572 142.
…RESPONDENT
(BY SRI. K.P. CHANDRASHEKAR REDDY, ADVOCATE)
THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.P.C (U/S
438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGEMENT
AND ORDER DTD 21.08.2025 PASSED IN CRL.A.NO.7/2025 BY
THE LEARNED VII ADDL. DISTRICT AND SESSIONS JUDGE AT
TUMAKURU AND 06.01.2025 PASSED BY THE LEARNED PRL.
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
CIVIL JUDGE AND JMFC AT KUNIGAL, IN CC.NO.187/2020, FOR
THE OFFENCE P/U/S 138 OF THE N.I ACT AND TO ACQUIT THE
PETITIONER.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
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ORAL ORDER
Heard learned counsel for the petitioner and learned counsel for the respondent.
2. The proceedings under Section 138 of N.I. Act was initiated in 2020 and complainant was also examined before the Trial Court in 2020 i.e. on 26.02.2020 by filing an affidavit.
3. The First Appellate Court also taken note that order sheet reveals that from 19.10.2023 till 20.08.2024, the counsel for the petitioner prayed time for cross-examination of P.W.1 and also granted as many as 11 adjournments. Finally, on 11.09.2024, cross of P.W.1 is taken as ‘nil’ and the prayer of the accused was rejected and on that day also, the accused remained absent and accused also never appeared before the Court. Even on 03.10.2024, 313 statement of accused was recorded and granted time to lead defence evidence and from
HC-KAR
05.11.2024 to 25.11.2024, he did not choose to lead any defence evidence. Hence, the Trial Court considered the material on record and passed the judgment.
4. When such being the case, the very contention of learned counsel for the petitioner before this Court that sufficient opportunity was not given before the Trial Court cannot be accepted, when 11 adjournments were given for cross-examination of P.W.1. Hence, I do not find any ground to entertain the revision petition, when there is no cross- examination of P.W.1 and also there is no defence evidence before the Trial Court, therefore, nothing to decide in the revision and scope of revision is very limited and only in case of miscarriage of justice in not considering the evidence, the Court can entertain the revision petition and the said circumstance is not warranted in the case on hand. Accordingly, the revision petition is dismissed.
Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 32