Karnataka High Court
CRL.RP/1260/2025 of M/S GALAXY FASHION SHOWROOM Vs SRI UMESH G B on 21 July 2026
CNR: KAHC010565302025 NC: 2026:KHC:37397 CRL.RP No. 1260 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 1260 OF 2025 BETWEEN: 1. M/S. GALAXY FASHION SHOWROOM OFFICE AT NO.7
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO. 1260 OF 2025
BETWEEN:
1.
M/S. GALAXY FASHION SHOWROOM
OFFICE AT NO.7
JAYAPRIYA SHOPPING COMPLEX
VISHWANEEDAM POST
MAGADI MAIN ROAD
SUNKADAKATTE
BENGALURU-560 091
REP. BY ITS PROPRIETOR
MR. BHARATH SINGH M.
2.
MR. BHARATH SINGH M.,
S/O MOHAN SINGH
AGED ABOUT 37 YEARS
RESIDING AT NO.07
2ND FLOOR, 8TH CROSS
AGRAHARA DASARAHALLI
MAGADI MAIN ROAD
BENGALURU-560 079.
…PETITIONERS
(BY SRI. SHRIRAMA ADIGA, ADVOCATE)
AND:
1.
SRI. UMESH G.B.,
S/O B.R.GURULINGAIAH
AGED ABOUT 50 YEARS
RESIDING AT NO.115
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
3RD FLOOR, 4TH CROSS
MAHADESHWAR NAGAR
HEROHALLI CROSS
BENGALURU-560 091.
…RESPONDENT
(BY SRI. SHIVANANDA S., ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 (FILED U/S.438
R/W SEC.442 BNSS) OF CR.P.C PRAYING TO SET ASIDE THE
ORDER DATED 30.07.2025 PASSED IN CRL.A.NO.83/2025
PENDING ON THE FILE OF THE 1ST ADDL. DISTRICT AND
SESSIONS JUDGE AT BENGALURU RURAL, CONFIRMING THE
JUDGMENT AND ORDER OF CONVICTION DATED 03.04.2025
PASSED IN C.C.NO.14696/2022 ON THE FILE OF THE LEARNED
CHIEF JUDICAIL MAGISTRATE BENGALURU RURAL, FOR THE
OFFENCE P/U/S 138 OF NI ACT BY ALLOWING THE ABOVE
REVISION
PETITION
AND
THEREBY
DISCHARGE
THE
ACCUSED/PETITIONER HEREIN FROM THE ALLEGED OFFENCE.
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. Heard learned counsel for the petitioners and learned counsel for the respondent. This revision petition is filed against concurrent finding of the Trial Court and the First Appellate Court.
2. When the complainant was examined before the Trial Court by placing documents Exs.P1 to 14, the defence was
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taken that there was no financial capacity to lend the amount. The complainant also produced the documents of Exs.P9 to P13 i.e., endorsement, statement of account Exs.P10 and P11 and copy of passbook Exs.P12 and P13 and the same are also not disputed and there is no cross-examination of P.W.1, inspite of sufficient opportunity is given. The Trial Court also taken note of the same in paragraph No.15 that even the accused not led any defence evidence and he has only cross-examined P.W.1 during earlier stage and mere suggestions are not sufficient to dislodge the case of the complainant and the same is discussed in paragraph No.16. Even with regard to demand notice is concerned, the Trial Court discussed the same in paragraph No.18.
3. The First Appellate Court dismissed the appeal since there was delay in filing the appeal and taken note of the certified copy of the order sheet, which discloses that accused was absent before the Trial Court on 30.12.2023 and EP was filed besides an I.A. under Section 311 of Cr.P.C. The Trial Court allowed the I.A. on cost of Rs.500/- and matter was posted for cross-examination of P.W.1 and adjourned to
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11.01.2024. On 11.01.2024, accused was absent, EP was filed and witness P.W.1 was cross-examined in part. Subsequently, accused was absent on 18.01.2024 and EP was filed. On 20.01.2024, once again, application was filed under Section 311 of Cr.P.C., matter was posted on 03.02.2024 for objections. On 03.02.2024, matter was adjourned to 26.03.2024, as the P.O. was on lease. On the said day also, accused was absent. As objections to the recall petition being not filed, recall petition was allowed and matter was posted for further cross-examination of P.W.1 and matter was adjourned to on 24.04.2024. On 24.04.2024, again, accused was absent. Hence, proceeded to pass the order. All these materials were taken note of by the Trial Court while considering the material on merits by the First Appellate Court. When such being the case, when there is no defence evidence and evidence of P.W.1 is unchallenged, particularly, with regard to capacity to lend the amount, documents are also produced.
4. Under the circumstances, I do not find any ground to entertain the revision petition. The scope of revision petition is very limited and only if the evidence available on record is
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not considered by the Trial Court and the First Appellate Court, and if there is miscarriage of justice, the Court can entertain the revision petition and the said circumstance is not warranted in the case on hand. Hence, I do not find any ground to admit the revision petition. Accordingly, the revision petition is dismissed.
Sd/- (H.P.SANDESH) JUDGE
ST List No.: 1 Sl No.: 44