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2026 DAILYLAW 20006 (KAR)

MR H HARISH SALIAN v. SHRI POORNANANDA VIVIDODDESHA SOUHARDHA SAHARKI LTD

CRL.RP/773/2026 · 2026-06-09

H P Sandesh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27408 CRL.RP No. 773 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.773 OF 2026 BETWEEN: 1. MR. H. HARISH SALIAN S/O LATE BABU AGED ABOUT 54 YEARS R/AT ENGINEER-CDU DEPARTMENT OF OPERATION MANGALORE REFINERY AND PETROCHEMICAL LTD., KUTHETHURU POST, VIA KATIPALLA MANGALURU-575 030 ALSO R/AT SALIAN NIVASA D.NO.116, M.R.P.L. COLONY HOSABEETU POST, KULAI MANGALORE-575 019. …PETITIONER (BY SMT. C. SONALI, ADVOCATE FOR SRI. JEEVAN K., ADVOCATE) AND: 1. SHRI POORNANANDA VIVIDODDESHA SOUHARDHA SAHARKI LTD., N.G.O. COMPLEX, 1ST FLOOR NEAR MINI VIDHANA SOUDHA MANGALURU-575 001 REPRESENTED BY ITS BRANCH MANAGER MRS. ANITHA AGED ABOUT 42 YEARS …RESPONDENT Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27408 CRL.RP No. 773 of 2026 THIS CRL.RP IS FILED U/S. 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, D.K. AT MANGALURU IN CRL.A NO.393/2024 DATED 05.01.2026 AND ALSO THE JUDGMENT OF CONVICTION DATED 25.11.2024 IN CC NO.419/2022 DATED PASSED BY THE LEARNED JMFC (V COURT), MANGALURU AND TO DIRECT THE ACQUITTAL OF THE ACCUSED/PETITIONER. THIS PETITION COMING ON FOR HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER This matter is listed for consideration of I.A.No.1/2026 for condonation of delay of 11 days in filing the revision petition. So also, I.A.No.2/2026 filed for suspension of sentence. 2. Having perused the records, it is clear that in terms of joint memo as per Ex.P7, subject matter of Cheque was issued and the number of subject matter of Cheque is also mentioned in Ex.P7 and the same is taken note of by the Trial Court in paragraph No.18 and to repay the due amount, the accused has issued a Cheque for Rs.6,93,850/-. The notice was also issued and no reply was given and nothing is elicited in the cross-examination of P.W.1 and no defence evidence is led before the Trial Court and the same is considered by the Trial - 3 - HC-KAR NC: 2026:KHC:27408 CRL.RP No. 773 of 2026 Court and the First Appellate Court. Hence, question of considering this revision does not arise and the scope of revision is very limited and this Court can only examine the legality and correctness of the judgment of the Trial Court and the First Appellate Court and the subject matter of Cheque is issued on account of joint memo in terms of Ex.P7. When such being the case, I do not find any ground to issue notice to the respondent on I.A.No.1/2026 and question of considering I.A.No.2/2026 also does not arise, as there is no merit to entertain the revision. Accordingly, the revision petition is dismissed. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 22