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2025 DAILYLAW 89616 (KAR)

M/S GALAXY FASHION SHOWROOM v. SRI UMESH G B

WP/23821/2025 · 2025-08-20

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32510 WP No. 23821 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 23821 OF 2025 (GM-RES) BETWEEN: 1. M/S GALAXY FASHION SHOWROOM OFFICE AT NO.7, JAYAPRIYA SHOPPING COMPLEX, VISHWANEEDAM POST, MAGADI MAIN ROAD, SUNKADAKATTE, BENGALURU - 560 091 REP BY ITS PROPRIETOR MR. BHARATH SINGH .M 2. MR. BHARATH SINGH M. S/O, MOHAN SINGH, AGED ABOUT 37 YEARS, RESIDING AT NO.07, 2ND FLOOR, 8TH CROSS, AGRAHARA DASARAHALLI, MAGADI MAIN ROAD, BENGALURU - 560 079 …PETITIONERS (BY SRI. SHRIRAMA, ADVOCATE) AND: 1. SRI UMESH G B S/O. B R GURULINGAIAH AGED ABOUT 50 YEARS, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32510 WP No. 23821 of 2025 RESIDING AT, NO.115, 3RD FLOOR, 4TH CROSS, MAHADESHWAR NAGAR HEROHALLI CROSS, BENGALURU - 560 091 …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASH THE ORDER IN CRL.A NO.83/2025 PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT DATED 30/07/2025 VIDE ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The appeal filed by the accused challenging the conviction under Section 138 of the Negotiable Instruments Act has been dismissed by the Appellate Court on the ground of limitation. While rejecting the application seeking condonation of delay, the Appellate Court has also dismissed the appeal itself. As a result, the - 3 - HC-KAR NC: 2025:KHC:32510 WP No. 23821 of 2025 order is a final one and is revisable under Section 397(1) read with Section 401 of the Criminal Procedure Code. Reserving liberty to the petitioner to avail the remedy of revision under Section 397(1) read with Section 401 of the Cr.P.C., the petition is dismissed as not maintainable. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NG List No.: 1 Sl No.: 42