Karnataka High Court
CRL.RP/539/2025 of GOPI. J Vs VENKATESH. K on 22 July 2026
CNR: KAHC010223742025 NC: 2026:KHC:37890 CRL.RP No. 539 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.539 OF 2025 BETWEEN: 1. GOPI J., S/O T. JAYARAM, AGED ABOUT 57 YEARS,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO.539 OF 2025
BETWEEN:
1.
GOPI J.,
S/O T. JAYARAM,
AGED ABOUT 57 YEARS,
S.Q.S. COLOUR LAB,
K.J.COMPLEX, B.M.ROAD,
ROBERTSON PET,
K.G.F -563122.
…PETITIONER
(BY SRI. S. JAGAN BABU, ADVOCATE)
AND:
1.
VENKATESH K.,
S/O M. KANNAN,
AGED ABOUT 51 YEARS,
R/AT S.F-5, “BALAJI NEST”,
2ND FLOOR, 2ND MAIN,
BASAPPA LAYOUT,
HENNUR CROSS, HBR LAYOUT,
KALYAN NAGAR POST,
BENGALURU-560036.
…RESPONDENT
(BY SMT. AISHWARYA S.M., ADVOCATE FOR
SRI. MAHESHA P.,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.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
OF
CONVICTION
DATED
01.03.2023
PASSED
BY
XIV
ADDL.CHIEF METROPOLITAN MAGISTRATE COURT, MAYOHALL
AT BENGALURU, IN C.C.NO.59240/2018 AND BE PLEASED TO
SET ASIDE THE JUDGMENT AND ORDER DATED 13.01.2025
PASSED BY LXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYOHALL
AT
BENGALURU
(CCH-73),
IN
CRL.APPEAL
NO.25092/2023 AND ACQUIT THE PETITIONER/ACCUSED OF
OFFENCES PUNISHABLE UNDER SECTION 138 OF NI ACT.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
This revision petition is filed against the concurrent finding. This Court vide order dated 15.05.2025, suspended the sentence subject to the petitioner depositing 50% of the fine amount, including the amount already deposited, within a period of six weeks. The said conditional order is not complied with till date. Instead of complying with the order, the learned counsel for the revision petitioner is arguing the matter as a criminal appeal. The scope of revision is very limited and the Court has to take note of any miscarriage of justice in
HC-KAR
considering the material on record. The records clearly disclose that all sorts of false defences were taken before the Trial Court by the revision petitioner denying Exs.P.1, 2 and 3 and those documents were sent to the handwriting expert and the handwriting expert also given the opinion that all the signatures in Exs.P.1, 2 and 3, including cheque as well as agreement belongs to the revision petitioner and FSL report also goes against the petitioner. With regard to the transaction is concerned, the revision petitioner even denied the agreement Ex.P.2 and the same is also proved that it is executed by the revision petitioner.
2. Having taken note of these materials on record and also taking note of that this revision petition is not yet admitted and even the conditional order is not complied with, this Court has to take note of the conduct of the revision petitioner before the Trial Court and the Appellate Court denying all the signatures and the same is dealt with sending the same to the expert and opinion also obtained.
HC-KAR
The Trial Court answered each defence of the revision petitioner in detail considering all the defences separately and it is nothing but an abuse of process by filing this revision petition without complying with the order of this Court. Hence, the revision petition is dismissed with exemplary cost of Rs.1,00,000/- payable at the Registry within two weeks from today. If the amount is not paid within two weeks, list this matter on 06.08.2026 to enforce the payment of costs.
Sd/- (H.P.SANDESH) JUDGE
MD List No.: 1 Sl No.: 40