Karnataka High Court
CRL.RP/37/2026 of SMT. SUSHEELA DEVARAJ Vs SRI. RAMAKRISHNA REDDY on 29 July 2026
CNR: KAHC010015442026 NC: 2026:KHC:39457 CRL.RP No. 37 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.37 OF 2026 BETWEEN: 1. SMT. SUSHEELA DEVARAJ W/O DEVARAJ AGED ABOUT 68
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO.37 OF 2026
BETWEEN:
1.
SMT. SUSHEELA DEVARAJ
W/O DEVARAJ
AGED ABOUT 68 YEARS
NO.5/1, GROUND FLOOR
1ST MAIN ROAD
VENKATARAMANAPPA LAYOUT
OPP. TO SUMANGALAI
SEVA ASHRAMA CHOLANAGARA
R.T. NAGAR POST
BENGALURU-560 032.
…PETITIONER
(BY SRI. HALESHA R. GAVIMATH, ADVOCATE)
AND:
1.
SRI. RAMAKRISHNA REDDY
S/O OBULA REDDY,
AGED ABOUT 57 YEARS
R/AT NO.8/1, 2ND FLOOR,
5TH MAIN ROAD, HEBBAL,
BENGALURU-560 024.
…RESPONDENT
(BY SRI. MADHU S., ADVOCATE)
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE
THE IMPUGNED JUDGMENT AND SENTENCE PASSED IN
CRIMINAL APPEAL NO.1435/2023 DATED 02-12-2025, ON THE
FILE OF THE LXII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU
(CCH-63),
PASSED
BY
CONFIRMING
THE
IMPUGNED
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JUDGMENT
AND SENTENCE PASSED IN CC NO.8623/2021 DATED 30-08-2023 ON THE FILE OF THE XVIII ADDI CHIEF METROPOLITAN MAGISTRATE, BENGAURU CITY AND ACQUIT THE PETITIONER OF THE OFFENCE ALLEGED AGAINST HIM.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
This matter is listed for admission for the first time. I have heard learned counsel for the petitioner and learned counsel for the respondent.
2. Having perused the records, the Trial Court in paragraph Nos.16 and 17 taken note of the defence of the accused that amount was paid by borrowing the amount from D.W.2 and D.W.2 also availed the loan of Rs.3,00,000/- from the bank and paid the same to the accused and the said amount was utilized for repayment. But, no document is placed, except examining the son of the accused and D.W.2 and for having availed the loan from the bank also, no
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document is placed before the Court and with regard to repayment also, no receipt is produced before the Court and the amount payable in favour of the complainant is lease amount in respect of Ex.P7-lease deed dated 30.10.2015. When such material is considered by the Trial Court considering the case of complainant and also evidence of D.W.1 and D.W.2, the same is not substantiated by the accused leading any rebuttal evidence as against the evidence of complainant.
3. The First Appellate Court also re-appreciated both oral and documentary evidence in Crl.A.No.1435/2023 and taken note of document of Exs.D1 to D5 and comes to the conclusion that documents of Exs.D1 to D5 are not helpful to the appellant and the same is observed in paragraph No.30 of the judgment of the First Appellate Court. When both the Courts have given reasoning with regard to dispute between the parties and there is no dispute with regard to lease amount i.e., Rs.6,00,000 and the only defence is that she had repaid the said amount and the same is not substantiated by placing any document.
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4. When the Trial Court and the First Appellate Court have considered both oral and documentary evidence, the orders of both the Courts not suffers from any legality and correctness. Hence, no ground is made out to exercise the revisional power to admit the revision petition.
Accordingly, the revision petition is dismissed.
Sd/- (H.P.SANDESH) JUDGE
ST List No.: 1 Sl No.: 31