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2025 DAILYLAW 76401 (KAR)

N LAKSHMI NAGENDRAN v. M/S ANMOL JEWELLERS

CRL.RP/483/2024 · 2025-12-05

Ravi V Hosmani

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:51509 CRL.RP No. 483 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 483 OF 2024 BETWEEN: 1. N. LAKSHMI NAGENDRAN W/O LATE S. NAGENDRAN AGED ABOUT 58 YEARS 2. VIGENSH S/O LATE S. NAGENDRAN AGED ABOUT 29 YEARS. BOTH ARE RESIDING AT NO. 114/13, 2ND STAGE, 80 FEET ROAD, BASAVESHWARANAGARA, BENGALURU - 560 079. …PETITIONERS (BY SRI. BHARAT S. RAO, ADVOCATE) AND: M/S. ANMOL JEWELLERS NO. 21, SRI. KRISHNA COMPLEX 2ND FLOOR, J.N. ROAD, 1ST CROSS C.T. STREET, MALLIKARJUNAPPA LANE, BENGALURU - 560 022, REPRSENTED BY ITS PROPRIETOR SRI. NAVARAMJI KHATRI …RESPONDENT (BY SRI. NEHRU M.N, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51509 CRL.RP No. 483 of 2024 THIS CRL.RP IS FILED U/S. 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND CONVICTION DATED 27.11.2018 PASSED BY THE XXIV ADDL. JUDGE, COURT OF SMALL CAUSES AND XXII ACMM, BENGALURU IN C.C.NO.672/2018 AND FURTHER PRAYS TO SET ASIDE THE JUDGMENT LV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-56 IN CRL.A.NO.2627/2018 DATED 23.03.2023 AND PLEASED TO ACQUIT THE PETITIONERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging judgment of conviction and sentence dated 27.11.2018 passed by XXIV Additional Small Causes Judge & XXII A.C.M.M. (SCCH-26), Bengaluru, in C.C.no.672/2018, confirmed in judgment dated 23.03.2023 passed by LV Additional City Civil & Sessions Judge, Bengaluru (CCH-56) in Crl.A.no.2627/2018, this Revision Petition is filed. 2. I.A.no.2/2024 is filed for condonation of 280 days' delay in filing this Revision Petition. - 3 - HC-KAR NC: 2025:KHC:51509 CRL.RP No. 483 of 2024 3. In affidavit filed in support of application, it is stated that petitioner's father S.Nagendran, who was looking after litigation, in question, died during pendency of appeal and petitioner's were unable to cope up with grief. 4. Notice was issued to respondents. Respondents have entered appearance, but they have not filed objections. However, opposed application. 5. Heard learned counsel for petitioner. 6. In order to satisfy conscience, since there is delay of 280 days in filing Revision Petition, matter was heard on merits also. It was submitted that main ground of challenge was failure to afford adequate opportunity to petitioner - accused to lead defence evidence. Same is sought to be reinforced by producing copy of printout of case status from E- Courts. 7. Referring to same, learned counsel submitted that evidence of complainant was recorded on 01.10.2018. Thereafter matter was adjourned on 22.10.2018, 29.10.2018 and 05.11.2018, defence evidence was taken as Nil and matter was taken up for arguments and impugned judgment was - 4 - HC-KAR NC: 2025:KHC:51509 CRL.RP No. 483 of 2024 passed on 27.11.2018. It was submitted that though said contentions were urged in appeal there was no proper appreciation and appeal was dismissed. Therefore, it is submitted that impugned orders were contrary to law and sought for entertaining Revision Petition. 8. But very ordersheet would reveal that opportunity to lead defence evidence was granted thrice. While passing impugned judgment, Appellate Court noted same and dismissed contention. 9. Apart from above, it is seen that while passing impugned judgment both Courts have adverted to entire facts and evidence and arrived at reasoned conclusion. Thus, it is apparent that impugned judgments do not suffer from any perversity. 10. Insofar as delay, it is seen that father of petitioner died on 07.01.2022 more than one year prior to passing of impugned judgment. Therefore, even assertion that petitioners were in grief would not sustain. Hence, no ground to condone delay, I.A.no.2/2024 is dismissed. Consequently, Revision Petition also stands dismissed. - 5 - HC-KAR NC: 2025:KHC:51509 CRL.RP No. 483 of 2024 11. In view of disposal of Revision Petition, I.A.no.1/2024 also stands dismissed. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 20