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2025 DAILYLAW 68459 (KAR)

SRI E V RUDRAPPA v. CHIKKAMAGALURU JILLA SAHAKARA KENDRA BANK NIYAMATHA

CRL.RP/1578/2023 · 2025-12-02

Ravi V Hosmani

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50229 CRL.RP No. 1578 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 1578 OF 2023 BETWEEN: SRI E V RUDRAPPA, S/O VEERAPPA, AGED ABOUT 56 YEARS, GOVERNMENT HIGHER PRIMARY SCHOOL, KURUBARAHALLI, CHIKKAMAGALURU - 577 101. …PETITIONER (BY SRI KR LINGARAJU, ADVOCATE) AND: CHIKKAMAGALURU JILLA SAHAKARA KENDRA BANK NIYAMATHA MAIN BRANCH, R G ROAD, CHIKKAMAGALURU - 577 101. …RESPONDENT (RESPONDENT - SERVED & UNREPRESENTED) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C., PRAYING TO SET ASIDE ORDER OF CONVICTION AND SENTENCE AND FINE IMPOSED BY THE COURT OF PRINCIPAL JUDGE FAMILY COURT AT CHIKKAMAGALURU IN CRL.A.NO.222/2022 DATED 01.09.2023, AND JUDGMENT IN C.C.NO.1368/2018 DATED 20.12.2021 PASSED BY THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT CHIKKAMAGALURU AND ETC., THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50229 CRL.RP No. 1578 of 2023 ORAL ORDER Challenging judgment dated 01.09.2023 passed by Principal Judge, Family Court, Chikkamagaluru, in Crl.A.no.222/2022 confirming judgment dated 20.12.2021 passed by Principal Senior Civil Judge and CJM, Chikkamagaluru, in CC.no.1368/2019, this revision petition is filed. 2. Sri KR Lingaraju, learned counsel for petitioner is present. Respondent is served unrepresented. 3. It was submitted, trial Court had passed order of conviction on 20.12.2021 convicting him for offence punishable under Section 138 of Negotiable Instruments Act, 1881 ('NI Act' for short) and sentencing accused to pay Rs.65,000/- out of which Rs.60,000/- was payable to complainant-Bank and balance Rs.5,000/- was payable to State. It was submitted, during pendency of complaint, accused had made payment of sum of Rs.1,14,000/-. Trial Court has taken note of same and have given credit to same and out of cheque amount of Rs.1,56,783/- and taken note of outstanding balance of Rs.42,783/- while passing impugned order of conviction. - 3 - HC-KAR NC: 2025:KHC:50229 CRL.RP No. 1578 of 2023 4. It was further submitted, in Crl.A.no.222/2022, accused had made further payment of Rs.30,000/- on 08.08.2022 and earlier to this, he has paid another sum of Rs.30,000/-. It was submitted, in compliance with interim order, petitioner had also deposited Rs.5,000/- payable to State before trial Court at time of obtaining bail. Thus, virtually impugned order has been complied with, rendering revision petition infructuous. 5. Perused order sheet dated 21.12.2023 passed by this Court as well as certified copy of another order sheet of Crl.A.no.222/2022 made available by learned counsel for petitioner regarding payment of Rs.60,000/- during pendency of appeal. 6. Submission of learned counsel for petitioner is accepted, revision petition is dismissed for having become infructuous. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 43