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2026 DAILYLAW 29937 (KAR)

SRI. SRINIVAS v. SRI. BASAVARAJAPPA

CRL.RP/956/2026 · 2026-07-22

H P Sandesh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010392812026 NC: 2026:KHC:37636 CRL.RP No. 956 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.956 OF 2026 BETWEEN: 1. SRI. SRINIVAS S/O. VENKAPPA AGED ABOUT 48 YEARS, OWNER: SRI RAJESHWARI TRADERS, CHOWKIPET, DAVANAGERE PIN CODE-577 001. …PETITIONER (BY SRI. SATISHCHANDRA R., ADVOCATE) AND: 1. SRI. BASAVARAJAPPA SON OF LATE JAYAPPA AGED ABOUT 60 YEARS OCCUPATION: AGRICULTURIST RESIDENT OF TARALUBALU NAGAR B.DURGA HOBLI, HOLALKERE TALUK CHITRADURGA DISTRICT PIN CODE-577 518. …RESPONDENT THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGEMENT AND ORDER PASSED IN CRL.A.NO.115/2024 ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA DATED 28.07.2025 BY ACQUITTING THE ACCUSED/ PETITIONER AND CONSEQUENTLY BY SETTING ASIDE THE JUDGEMENT AND ORDER OF PRL. CIVIL JUDGE AND JMFC, AT HOLALKERE IN CC.NO.1259/2022 DATED 01.08.2024. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010392812026 NC: 2026:KHC:37636 CRL.RP No. 956 of 2026 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard learned counsel for the petitioner. This petition is listed for consideration of I.A.No.1/2026 for condonation of delay of 228 days in filing the revision petition and I.A.No.2/2026 for suspension of sentence. 2. With regard to the delay is concerned, the reason assigned in the application-I.A.No.1/2026 is that this petitioner was arrested in connection with other Cheque bounce case and he was in custody for a period of 2 months, hence, he could not file the petition. But, his own affidavit says that he was sent to jail on 20.07.2025 to 26.09.2025 and this revision petition was filed on 11.06.2026 and no reason in the affidavit in support of condonation of delay from the date of release till filing of the revision petition. 3. Therefore, no proper and satisfactory reasons are assigned to condone the delay and taking note of the application for suspension of sentence also, the petitioner has - 3 - HC-KAR CNR: KAHC010392812026 NC: 2026:KHC:37636 CRL.RP No. 956 of 2026 not led any defence evidence before the Trial Court and rebutted the evidence. The Trial Court also taken note of the fact that Cheque was issued in respect of the commodity which was purchased from the complainant. But, he did not pay the amount having received the agricultural produce from the complainant. 4. When such being the case, no reason is made out to condone the delay of 228 days in filing the revision petition and also no ground for consideration of application for suspension of sentence. Accordingly, I.A.Nos.1/2026 and 2/2026 are dismissed. Consequently, revision petition is also dismissed. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 19