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2026 DAILYLAW 22003 (KAR)

MR RAGHAVENDRA KUMBLE v. SMT UMAVATHI

CRL.RP/355/2024 · 2026-06-17

H P Sandesh

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:29620 CRL.RP No. 355 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 355 OF 2024 BETWEEN: 1. MR RAGHAVENDRA KUMBLE S/O LATE CHANDRASHEKAR, AGED ABOUT 47 YEARS, RESIDING AT MANJALAKATTE, MAIN ROAD, NANDANANAPURA, KAVOOR, MANGALORE - 575 015. …PETITIONER (BY SRI. KISHORE KUMAR.,ADVOCATE) AND: 1. SMT UMAVATHI W/O SRUESH AMIN, AGED ABOUT 32 YEARS, PROPRIETOR OF B M BEAUTY PALACE, OPP KANKANADY BUS STAND, KANKANADY MANGALURU - 575002. …RESPONDENT (BY SRI. RENSPRE PRITHESH DSOUZA.,ADVOCATE) THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND SENTENCE DATED 24.12.2019 PASSED BY THE COURT OF JMFC Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29620 CRL.RP No. 355 of 2024 IV, MANGALURU D.K. IN C.C.NO.2529/2016 AND THE JUDGMENT PASSED IN CRIMINAL APPEAL NO.11/2020 DATED 04.01.2024, ON THE FILE OF THE IV ADDL. DIST. AND SESSIONS JUDGE, D.K., MANGALURU AND THEREBY REV. PETITIONER / ACCUSED WAS ACQUITTED FROM THE OFFENCE UNDER SEC. 138 OF N.I. ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER This Court vide order dated 25.04.2024 suspended the sentence subject to condition to deposit 50% of the fine amount deducting the amount already been paid within 4 weeks from the date of order before the trial court, failing which, this order automatically stands vacated and the petitioner also directed to execute a bond for Rs.1,00,000/- (Rupees One lakh only) with one surety. 2. When this matter was listed on 12.11.2024, none appears before the Court and is adjourned by four weeks. Again, on 17.04.2025, learned counsel made submission that there is an element of settlement. As such, the matter was referred to Lok-Adalath and also made it clear that if the matter is not settled, the same - 3 - HC-KAR NC: 2026:KHC:29620 CRL.RP No. 355 of 2024 shall be returned immediately. In Lok-Adalath, none of the parties appears and subsequently, the matter is also referred to the Mediation Centre, Bengaluru, directing the parties to appear before the mediation on 04.02.2026. 3. In spite of the condition, the order was passed and also the suspension of sentence is automatically vacated in view of non-compliance of the said conditional order and learned counsel for the revision petitioner is also not appearing before the Court and pursuing the matter. 4. In view of non-compliance as well as non- pursuing the matter and also by referring the judgment of the trial Court in C.C.No.2529/2016 wherein it has directed to pay an fine amount Rs.3,92,000/- and in case of default to pay the fine amount, to undergo simple imprisonment for a period of six months and the same is confirmed in Criminal Appeal No.11/2020. This revision is against the concurrent finding and moreover, the matter is not yet admitted. - 4 - HC-KAR NC: 2026:KHC:29620 CRL.RP No. 355 of 2024 5. In view of the above circumstances, the revision petition stands dismissed. Sd/- (H.P.SANDESH) JUDGE SSD List No.: 2 Sl No.: 1