Karnataka High Court
CRL.A/1094/2026 of THOMAS KUTTY JOSEPH Vs TATA CAPITAL FINANCIAL SERIVICES LTD on 6 July 2026
NC: 2026:KHC:33528 CRL.A No. 1094 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1094 OF 2026 (C) BETWEEN: THOMAS KUTTY JOSEPH, PROPRIETOR OF PAYIKATTU RUBBER TRADERS, S/O PAYIKKAT JOSEPH,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL APPEAL NO. 1094 OF 2026 (C)
BETWEEN:
THOMAS KUTTY JOSEPH,
PROPRIETOR OF PAYIKATTU
RUBBER TRADERS,
S/O PAYIKKAT JOSEPH,
AGED ABOUT 50 YEARS,
PAYIKATTU, BALESUGIRI,
KOOVERI, KANNUR DISTRICT,
KERALA STATE - 670 581.
…APPELLANT
(BY SRI. BIJOY M T., ADVOCATE)
AND:
TATA CAPITAL FINANCIAL
SERIVICES LTD.,
(FORMERLY KNOWN AS
TATA CAPITAL LTD.,)
NO.62, RICHMOND ROAD,
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of
Karnataka
HC-KAR
2ND FLOOR, PRESTIGE CORNICHE,
ABOVE SAPPHIRE TOYS,
NEAR LIFE STYLE,
BENGALURU - 560 025,
REPRESENTED BY ITS
ALLEGED POWER OF
ATTORNEY HOLDER,
ITS LEGAL MANAGER,
RENU V M.
…RESPONDENT
----
THIS CRL.A IS FILED U/S 374(2) CR.PC ( 415(2) OF
BNSS) BY THE ADVOCATE FOR THE APPELLANT PRAYING TO
SET ASIDE THE JUDGMENT PASSED IN CRL.A.NO.24/2025 BY
THE LX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU DATED 17.04.2026, SET ASIDE THE JUDGMENT
OF CONVICTION AND ORDER OF SENTENCE PASSED IN
C.C.NO.7725/2021 BY THE XIX ADDL. JUDGE, COURT OF
SMALL CAUSES AND ACMM, BENGALURU DATED 09.09.2024
FOR THE OFFENCE PUNISHABLE UNDER SECTION.138 OF THE
NEGOTIABLE INSTRUMENTS ACT AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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ORAL JUDGMENT
Learned counsel for appellant has filed a memo seeking to convert the Criminal Appeal into Criminal Revision Petition.
2. Considering the averments of the said memo and also submission of learned counsel for appellant, the Registry is directed to convert the Criminal Appeal into Criminal Revision Petition on receiving the petition copy by the learned counsel for appellant. Learned counsel for the appellant is directed to file the petition to that effect within a period of two weeks from today.
3. For statistical purpose, this criminal appeal stands disposed of, accordingly.
Sd/- (S RACHAIAH) JUDGE
NR/- List No.: 1 Sl No.: 11