Karnataka High Court
CRL.RP/748/2024 of SRI. M S ABDUL RAHEMM Vs SRI. N N GANAPATHI on 30 July 2026
CNR: KAHC010310262024 NC: 2026:KHC:39761 CRL.RP No. 748 of 2024 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.748 OF 2024 BETWEEN: 1. SRI. M.S. ABDUL RAHEMM SON OF LATE ABDUL SHUKURU
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.748 OF 2024
BETWEEN:
1.
SRI. M.S. ABDUL RAHEMM
SON OF LATE ABDUL SHUKURU
AGED ABOUT 46 YEARS
RESIDING AT 3RD BLOCK
KODLIPET TOWN
SOMWARPET TALUK-571 236
KODAGU DISTRICT.
…PETITIONER
(BY SRI. FAYAZ SAB B.G., ADVOCATE)
AND:
1.
SRI. N.N. GANAPATHI
SON OF LATE NANJAPPA
AGED ABOUT 64 YEARS
RESIDING AT NEERUGUNDA VILLAGE
NEERUGUNDA POST
SOMWARPET–571 236
KODAGU DISTRICT
…RESPONDENT
(BY SRI. VENUGOPAL M.S., ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED
28.03.2024 PASSED IN CRL.A.NO.34/2023 ON THE FILE OF I
ADDL. DISTRICT AND SESSIONS JUDGE AT KODAGU AT
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
MADIKERI AND TO SET ASIDE THE IMPUGNED JUDGMENT
DATED 02.03.2023, WHEREIN CONVICTED THE ACCUSED /
PETITIONER HEREIN FOR THE OFFENCE P/U/S 138 OF N.I. ACT
AND SENTENCING HIM TO PAY AN AMOUNT OF RS.1,80,000/- IN DEFAULT TO UNDERGO A SIMPLE IMPRISONMENT FOR A
PERIOD OF 1 YEAR AND DIRECTING TO PAY A SUM OF
RS.5,000/- AS PROSECUTION EXPENSES TO THE STATE
GOVERNMENT BY DISMISSING THE COMPLAINANT FILED BY
THE COMPLAINANT.
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
This matter is listed for admission and I have heard learned counsel for the petitioner and learned counsel for the respondent.
2. The Trial Court having perused the material on record, taken note of repayment of Rs.1,95,000 by the accused and not made the payment of balance amount of Rs.1,80,000/- and Cheque was issued for the said amount in terms of Ex.P6 and the same was taken note of in paragraph No.36 of the judgment of the Trial Court.
HC-KAR
3. The First Appellate Court also taken note of the reasoning given by the Trial Court and concurred with the findings of the Trial Court and both the judgment of the Trial Court and First Appellate Court not suffers from its legality and correctness and there is no miscarriage of justice. Hence, I do not find any ground to entertain the revision petition. Accordingly, the revision petition is dismissed.
Sd/- (H.P.SANDESH) JUDGE
ST List No.: 1 Sl No.: 19