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2025 DAILYLAW 79993 (KAR)

SMT. SOWBHAGYA K P v. SMT. BHARATHI

CRL.RP/128/2018 · 2025-11-18

Ravi V Hosmani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47247 CRL.RP No. 128 of 2018 C/W CRL.RP No. 123 of 2018 CRL.RP No. 124 of 2018 AND 4 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 128 OF 2018 C/W CRIMINAL REVISION PETITION NO. 123 OF 2018 CRIMINAL REVISION PETITION NO. 124 OF 2018 CRIMINAL REVISION PETITION NO. 125 OF 2018 CRIMINAL REVISION PETITION NO. 126 OF 2018 CRIMINAL REVISION PETITION NO. 127 OF 2018 CRIMINAL REVISION PETITION NO. 308 OF 2018 IN CRL.RP NO.128/2018: BETWEEN: SMT. SOWBHAGYA K P., W/O LATE RAVINDRA REDDY, AGED ABOUT 46 YEARS, R/AT LAKSHMAMMA RACHAPPA, BUILDING, T.C.P LAYOUT, HALE CHANDAPURA VILLAGE, CHANDAPURA POST, ANEKAL TALUK, BENGALURU URBAN DIST - 560 099. NOW R/A GOKULA NILAYA, HOUSE NO.226, GPR GRANDE LAYOUT, CHANDAPURA POST, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 081. …PETITIONER (BY SRI H P LEELADHAR, ADVOCATE) IN CRL.RP NO.123/2018: BETWEEN: SRI V. CHANDRA REDDY, S/O LATE VENKATA REDDY, Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47247 CRL.RP No. 128 of 2018 C/W CRL.RP No. 123 of 2018 CRL.RP No. 124 of 2018 AND 4 OTHERS AGED ABOUT 62 YEARS, R/A MUTHANALLUR VILLAGE & POST, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT - 562 106. …PETITIONER (BY SRI H P LEELADHAR, ADVOCATE) IN CRL.RP NO.124/2018: BETWEEN: SRI GOPALA REDDY, S/O BUDDA REDDY, AGED ABOUT 68 YEARS, R/A MUTHANALLUR VILLAGE & POST, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT - 562 106. …PETITIONER (BY SRI H P LEELADHAR, ADVOCATE) IN CRL.RP NO.125/2018: BETWEEN: SMT. YASHODAMMA, W/O GOPALA REDDY, AGED ABOUT 48 YEARS, R/A MUTHANALLUR VILLAGE & POST, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT - 562 106. …PETITIONER (BY SRI H P LEELADHAR, ADVOCATE) IN CRL.RP NO.126/2018: BETWEEN: SMT. N. RADHA, W/O K. VIJAYAKUMAR, AGED ABOUT 46 YEARS, R/A NO.16/D, ADISONAHATTI VILLAGE, ATTIBELE HOBLI, MARASUR POST, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 099. …PETITIONER (BY SRI H P LEELADHAR, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:47247 CRL.RP No. 128 of 2018 C/W CRL.RP No. 123 of 2018 CRL.RP No. 124 of 2018 AND 4 OTHERS IN CRL.RP NO.127/2018: BETWEEN: SMT. SOWBHAGYA K.P., W/O LATE RAVINDRA REDDY, AGED ABOUT 46 YEARS, R/A LAKSHMAMMA RACHAPPA BUILDING, T.C.P. LAYOUT, HALE CHANDAPURA VILLAGE, CHANDAPURA POST, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 099. NOW R/A GOKULA NILAYA, HOUSE NO.226, GPR GRANDE LAYOUT, CHANDAPURA POST, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 081. …PETITIONER (BY SRI H P LEELADHAR, ADVOCATE) IN CRL.RP NO.308 /2018: BETWEEN: SMT.MANJULA, W/O SRINIVASA REDDY, AGED ABOUT 48 YEARS, R/A MUTHANALLUR VILLAGE & POST, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT - 562 106. …PETITIONER (BY SRI H P LEELADHAR, ADVOCATE) AND: SMT. BHARATHI, W/O VENKATASWAMY REDDY, NO.137, YELLAMMADEVI PRASANNA NILAYA, TCP LAYOUT , OLD CHANDAPURA, CHANDAPURA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU DISTRICT - 562 107 …RESPONDENT (COMMON IN ALL PETITIONS) (BY SRI KUMAR K G ., ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:47247 CRL.RP No. 128 of 2018 C/W CRL.RP No. 123 of 2018 CRL.RP No. 124 of 2018 AND 4 OTHERS THIS CRL.RP NO.128/2018 IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO 1) MODIFIED THE JUDGMENT DATED 21.07.2017 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, ANEKAL IN C.C.NO.2025/2016 BY AWARDING COMPENSATION UNDER SECTION 357(3) INSTEAD OF 357 (1)(B) OF CR.PC AND ALLOW THE REVISION PETITION, 2) SET ASIDE THE JUDGMENT DATED 17.01.2018 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT SIT AT ANEKAL IN CRL.A.NO.5009/2017 AND MODIFIED THE JUDGMENT OF THE TRIAL COURT BY AWARDING COMPENSATION UNDER SECTION 357(3) INSTEAD OF 357 (1)(B) OF CR.PC. THIS CRL.RP NO.123/2018 IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO 1) MODIFIED THE JUDGMENT DATED 21.07.2017 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, ANEKAL IN C.C.NO.1204/2015 BY AWARDING COMPENSATION UNDER SECTION 357(3) INSTEAD OF 357 (1)(B) OF CR.PC AND ALLOW THE REVISION PETITION, b. SET ASIDE THE JUDGMENT DATED 17.01.2018 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, SIT AT ANEKAL IN CRL.A.NO.5004/2017 AND MODIFIED THE JUDGMENT OF THE TRIAL COURT BY AWARDING COMPENSATION UNDER SECTION 357(3) INSTEAD OF 357(1)(b) OF CR.PC. THIS CRL.RP NO.124/2018 IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO 1) MODIFIED THE JUDGMENT DATED 21.07.2017 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, ANEKAL IN C.C.NO.05/2016 BY AWARDING COMPENSATION UNDER SECTION 357(3) INSTEAD OF 357 (1)(B) OF CR.PC AND ALLOW THE REVISION PETITION b. SET ASIDE THE - 5 - HC-KAR NC: 2025:KHC:47247 CRL.RP No. 128 of 2018 C/W CRL.RP No. 123 of 2018 CRL.RP No. 124 of 2018 AND 4 OTHERS JUDGMENT DATED 17.01.2018 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, SIT AT ANEKAL IN CRL.A.NO.5006/2017 AND MODIFIED THE JUDGMENT OF THE TRIAL COURT BY AWARDING COMPENSATION UNDER SECTION 357(3) INSTEAD OF 357(1)(b) OF CR.PC. THIS CRL.RP NO.125/2018 IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO 1) MODIFIED THE JUDGMENT DATED 21.07.2017 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, ANEKAL IN C.C.NO.1205/2015 BY AWARDING COMPENSATION UNDER SECTION 357(3) INSTEAD OF 357 (1)(B) OF CR.PC AND ALLOW THE REVISION PETITION 2) SET ASIDE THE JUDGMENT DATED 17.01.2018 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, SIT AT ANEKAL IN CRL.A.NO.5007/2017 AND MODIFIED THE JUDGMENT OF THE TRIAL COURT BY AWARDING COMPENSATION UNDER SECTION 357(3) INSTEAD OF 357(1)(B) OF CR.PC. THIS CRL.RP NO.126/2018 IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO 1) MODIFIED THE JUDGMENT DATED 21.07.2017 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, ANEKAL IN C.C.NO.146/2016 BY AWARDING COMPENSATION UNDER SECTION 357(3) INSTEAD OF 357 (1)(B) OF CR.PC AND ALLOW THE REVISION PETITION b)SET ASIDE THE JUDGMENT DATED 17.01.2018 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE DISTRICT SIT AT ANEKAL IN CRL.A.NO.5008/2017 AND MODIFIED THE JUDGMENT OF THE TRIAL COURT BY AWARDING COMPENSATION U/S 357(3) INSTEAD OF 357(1)(b) CRPC. - 6 - HC-KAR NC: 2025:KHC:47247 CRL.RP No. 128 of 2018 C/W CRL.RP No. 123 of 2018 CRL.RP No. 124 of 2018 AND 4 OTHERS THIS CRL.RP NO.127/2018 IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO 1) MODIFIED THE JUDGMENT DATED 21.07.2017 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, ANEKAL IN C.C.NO.1815/2016 BY AWARDING COMPENSATION UNDER SECTION 357(3) INSTEAD OF 357 (1)(B) OF CR.PC AND ALLOW THE REVISION PETITION, 2) SET ASIDE THE JUDGEMENT DATED 17.01.2018 PASSED BY III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, SIT AT ANEKAL IN CRL.A.NO.5010/2017 AND MODIFIED THE JUDGMENT OF THE TRIAL COURT BY AWARDING COMPENSATION UNDER SECTION 357(3) INSTEAD OF 357(1)(B) OF CR.PC. THIS CRL.RP NO.308/2018 IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO 1) MODIFIED THE JUDGMENT DATED 21.07.2017 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, ANEKAL IN C.C.NO.796/2016 BY AWARDING COMPENSATION UNDER SECTION 357(3) INSTEAD OF 357 (1)(B) OF CR.PC AND ALLOW THE REVISION PETITION, b. SET ASIDE THE JUDGMENT DATED 17.01.2018 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE DISTRICT SIT AT ANEKAL IN CRL.A.NO. 5005/2017 AND ALLOW THE APPEAL BY AWARDING COMPENSATION U/S 357(3) INSTEAD OF 357(1)(b) CRPC. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 7 - HC-KAR NC: 2025:KHC:47247 CRL.RP No. 128 of 2018 C/W CRL.RP No. 123 of 2018 CRL.RP No. 124 of 2018 AND 4 OTHERS ORAL ORDER Challenging common order dated 17.01.2018, passed by III Additional District and Sessions Judge, Bengaluru Rural District, Anekal, in Crl.A.no.5004/2017 to Crl.A.no.5010/2017, these revision petitions are filed. 2. Sri H.P. Leeladhar, learned counsel for petitioners submitted that these revision petitions are by complainants challenging order of Appellate Court for dismissing appeals as not maintainable on ground that same was contrary to decisions of Hon'ble Supreme Court in case of M/s. Celestium Financial v. A. Gnanasekaran, reported in 2025 SCC OnLine SC 1320 and R. Mohan v. A.K. Vijaykumar, reported in 2012 (8) SCC 721. 3. It was submitted that petitioners herein had filed private complaint against common respondent - accused under Section 200 of Code of Criminal Procedure, 1973, ('CrPC', for short) alleging commission of offence under Section 138 of Negotiable Instruments Act, 1881, ('NI Act', for short). - 8 - HC-KAR NC: 2025:KHC:47247 CRL.RP No. 128 of 2018 C/W CRL.RP No. 123 of 2018 CRL.RP No. 124 of 2018 AND 4 OTHERS 4. On appearance, respondent - accused had pleaded guilty. On said plea, Trial Court had passed order of sentence. Dissatisfied with same, complainants had filed appeals. Under impugned order, Appellate Court dismissed appeals as not maintainable, which was contrary to decisions referred to above and sought for allowing revision petitions. 5. Sri K.G. Kumar, learned counsel for respondent - accused concedes to legal position, but seeks clarification that appeal by complainants against an order of conviction would be available only in so far as sentence is concerned. 6. Heard learned counsel, perused judgments relied upon as well as impugned judgments. 7. From ratio laid down by Hon'ble Supreme Court in decisions cited above, it would be clear that complainants' appeals against order of conviction would be tenable only in case of complainant is dissatisfied with sentence. But, Appellate Court dismissed complainants' appeals solely on ground of maintainability by referring to Sections 372 and 375 of CrPC. Since said reason would be contrary to provisions of law, in - 9 - HC-KAR NC: 2025:KHC:47247 CRL.RP No. 128 of 2018 C/W CRL.RP No. 123 of 2018 CRL.RP No. 124 of 2018 AND 4 OTHERS view of ratio laid down, revision petitions are allowed. Common impugned order dated 17.01.2018, passed by III Additional District and Sessions Judge, Bengaluru Rural District, Anekal, in Crl.A.no.5004/2017 to Crl.A.no.5010/2017, is set- aside. Matter is remitted back to Appellate Court for decision afresh. Appellate Court shall issue fresh summons and thereafter decide appeals on merits. Registry is directed to transmit records to Appellate Court forthwith. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 38