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2026 DAILYLAW 21037 (KAR)

MR B V GOPALAKRISHNA v. MR ANANDA P V

CRL.RP/439/2026 · 2026-06-15

H P Sandesh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28969 CRL.RP No. 439 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.439 OF 2026 BETWEEN: 1. MR. B.V. GOPALAKRISHNA, S/O LATE M. VEERAPPA, AGED ABOUT 46 YEARS, RESIDING AT NO.280, 2ND CROSS, THYAGARAJNAGARA, NEAR ESI HOSPITAL, 2ND STAGE, BANASHANKARI, BENGALURU-50. …PETITIONER (BY SRI. B.L. HARISH KUMAR SANGLIANA, ADVOCATE) AND: 1. MR. ANANDA P.V., S/O. VENKATARAVANAMAPPA P.L., AGED ABOUT 36 YEARS, RESIDING AT PATHAMUTHAKAPALLI VILLAGE, SRINIVASAPURA, KOLAR DISTRICT-563135. …RESPONDENT (BY SRI. K. VISHWANATHA, ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 12.02.2026 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE AT DAVANAGERE, IN CRL.A.NO.80/2025 AND THE ORDER OF CONVICTION DATED Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28969 CRL.RP No. 439 of 2026 28.02.2025 PASSED BY I ADDL. SENIOR CIVIL JUDGE AND J.M.F.C AT DAVANAGERE, IN C.C.NO.2320/2023 AND CONSEQUENTLY ACQUIT THE PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Inspite of this Court made it clear by order dated 14.05.2026 that if deposit is not made on or before the next date of hearing, suspension of sentence granted by this Court vide order dated 06.04.2026 shall automatically stand vacated, today only payment of Rs.3,00,000/- is made and not the entire amount and hence, the order dated 06.04.2026 shall automatically stand vacated. 2. The learned counsel for the respondent acknowledges the amount of Rs.3,00,000/- before the Court. 3. In view of non-compliance of the order as directed by this Court even though sufficient time was given periodically and earlier warrant was issued and recalled in view of the submission made by the learned counsel for the petitioner and the same is also not honoured and not complied with and also - 3 - HC-KAR NC: 2026:KHC:28969 CRL.RP No. 439 of 2026 the revision petitions is not yet admitted and hence, there are no reasons to continue this revision petition in view of non- compliance of the order of this Court and non-payment of 50% of the amount inclusive of the amount already deposited and hence, the revision petition is dismissed. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 37