Karnataka High Court
CRL.RP/949/2026 of SRI.SHAFIULLA Vs NAZEER AHAMED NANUSAB on 3 July 2026
NC: 2026:KHC:33217 CRL.RP No. 949 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.949 OF 2026 BETWEEN: 1. SRI. SHAFIULLA S/O WAHAB SAB AGED ABOUT 43 YEARS R/AT MAGGE VILLAGE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO.949 OF 2026
BETWEEN:
1.
SRI. SHAFIULLA
S/O WAHAB SAB
AGED ABOUT 43 YEARS
R/AT MAGGE VILLAGE
KRISHNARAJAPURA
N.BELTHUR, H.D.KOTE
MYSURU DISTRICT-571 105.
…PETITIONER
(BY SRI. GAURAV SUBRAMANYAM, ADVOCATE - ABSENT)
AND:
1.
NAZEER AHAMED NANUSAB
S/O NANNU SAB
AGED ABOUT 65 YEARS
R/AT NALLURPALA POST
HANCHYA VILLAGE
HUNSUR TALUK
MYSURU-571 105.
…RESPONDENT
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
JUDGMENT DATED 23.02.2023 IN C.C.NO.635/2018 PASSED
BY THE HONBLE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC
COURT AT HUNSUR, AND THE DISMISSAL ORDER DATED
09.04.2026 PASSED BY THE HONBLE VIII ADDL DISTRICT AND
SESSIONS JUDGE, COURT, MYSURU SITTING AT HUNSUR IN
CRL.A.NO.5046/2024 AND ACQUIT THE ABOVE PETITIONER.
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
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
Learned counsel for the petitioner is absent and on the previous date of occasion also, learned counsel for the petitioner was absent and in the ends of justice, one more opportunity was given.
2. This revision petition is filed against the concurrent finding of the Trial Court and the First Appellate Court. The Trial Court considering the material on record, convicted the accused and sentenced to pay an amount of Rs.18,72,000/- and in paragraph Nos.30 and 31, the Trial Court even considered the material available on record and during the course of cross- examination of D.W.1, he himself admitted that after coming back to India, he had phone conversation with the complainant and through which he used to ask the well being of the complainant. If at all, this was so, the initial defence of the accused person, taken up during the course of examination-in- chief cannot be believed. Considering his admission and also the material placed by the complainant, the Trial Court in
HC-KAR
paragraph No.31 comes to the conclusion that it clearly go to show that the accused person failed to prove his defence that he has not obtained any loan from the complainant, but, had obtained loan from Edelweiss Housing Finance Limited to construct his house and the same probabilize the case of the complainant. The complainant by examining P.W.2 his brother Sri Anwar Pasha through whom he has arranged to hand over the loan amount of Rs.18,00,000/- to the accused person being in Riyad clearly go to show that complainant had discharged his initial burden cast upon him.
3. Having taken note of reasoning of the Trial Court, particularly admission on the part of D.W.1 in the cross- examination, the First Appellate Court also re-appreciated the material on record and the revision petitioner is also not pursuing the matter diligently. Hence, the revision petition is dismissed. Sd/- (H.P.SANDESH) JUDGE
ST List No.: 1 Sl No.: 56