Karnataka High Court
CRL.RP/630/2026 of K. SOWMYA Vs S. LOKESH on 29 June 2026
NC: 2026:KHC:32155 CRL.RP No. 630 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.630 OF 2026 BETWEEN: 1. K. SOWMYA, W/O. S. LOKESH, D/O. C. K. KIRUBAKARAN, AGED ABOUT 34 YEARS,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JUNE, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO.630 OF 2026
BETWEEN:
1.
K. SOWMYA,
W/O. S. LOKESH,
D/O. C. K. KIRUBAKARAN,
AGED ABOUT 34 YEARS,
R/O. NO.97, RESIDENCY ROAD,
SHANTHI NAGAR,
NEXT TO KONARK HOTEL,
BENGALURU-560 025.
…PETITIONER
(BY SMT. SRIDEVI DAKSHINAMURTHY, ADVOCATE)
AND:
1.
S. LOKESH,
S/O. SHIVAJI,
AGED ABOUT 36 YEARS,
R/O. NO.91, KARPAGA NAGAR,
3RD STREET, SELAIYUR,
CHENNAI-600 073.
…RESPONDENT
(BY SMT. VIJAYALAKSHMI S., ADVOCATE)
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
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JUDGMENT
DATED 05.03.2026 PASSED IN CRL.A.NO.25136/2025 BY THE HONBLE LXXII ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
HC-KAR
(CCH-73) AND TO CONFIRM AND RESTORE THE JUDGMENT DATED 03.03.2025 PASSED IN CRL.MISC.NO.171/2022 BY THE HONBLE MMTC-1 COURT, MAYO HALL, BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORDER
This matter is listed for admission. Heard the learned counsel for the revision petitioner and the learned counsel for the respondent.
2. The learned counsel for the revision petitioner brought to the notice of this Court that the respondent who appeared through the counsel in the month of October 2022 in Crl.Misc.No.171/2022 has not filed any statement of objections and also not participated even in cross-examining P.W.1. Though the Appellate Court taken note of the same in paragraph Nos.17, 18 and 19, however, committed an error in remanding the matter to consider the case afresh and to give reasonable opportunities to the appellant to prove his case and no reasons are assigned to remand the same.
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Hence, it requires interference in the order passed by the Appellate Court.
3. Per contra, the learned counsel for the respondent submits that the advocate, who was on record for the respondent before the Trial Court instructed the respondent herein that he will take care of the case and there is no need to appear. But no such material is placed on record to support the same and the respondent has not taken any action against the advocate, if that is the true fact.
4. The respondent was appearing in M.C.No.5125/2022 and when he was able to appear in M.C.No.5125/2022, the very contention of the respondent cannot be accepted and it is nothing but making an allegation against the advocate by the learned counsel for the respondent and the same cannot be entertained. However, the Appellate Court has already remanded the matter. The matter was not contested by the respondent for a period of three years from 2022 to 2025 and hence, this Court can modify the order of the Appellate Court by
HC-KAR
imposing the cost on the respondent payable to the revision petitioner. The Trial Court is directed to give an opportunity to the respondent to file his statement of objections within 15 days from today and thereafter, take up the matter and record the evidence of P.W.1, if he chooses to cross-examine P.W.1 and also give an opportunity to the respondent to substantiate his contention and decide the matter within three months.
5. In view of the discussions made above, I pass the following:
ORDER
(i) The revision petition is disposed of.
(ii) The respective parties shall appear before the Trial Court on 07.07.2026 without fail and without expecting any notice from the Trial Court.
(iii) The Trial Court is directed to pre-pone the case to 07.07.2026 and from that date, three months time is granted to dispose of the matter as directed.
HC-KAR
(iv) The respondent is directed to pay the cost of Rs.1,00,000/- to the revision petitioner on or before 07.07.2025. If the cost is not paid, the question of continuing the proceedings before the Trial Court does not arise and the order of the Appellate Court is set aside and the order of the Trial Court becomes final.
Sd/- (H.P.SANDESH) JUDGE
MD List No.: 1 Sl No.: 61