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2026 DAILYLAW 30104 (KAR)

BATHALE GOWDA v. YELAHANKA MERCHANTS FINANCE COMPANY

CRL.RP/1112/2026 · 2026-07-23

H P Sandesh

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010467202026 NC: 2026:KHC:37995 CRL.RP No. 1112 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.1112 OF 2026 BETWEEN: BATHALE GOWDA S/O LATE BATHALE GOWDA AGED ABOUT 77 YEARS R/AT HARADI VILLAGE SIDDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT …PETITIONER (BY SRI. SYED YOUSUF, ADVOCATE) AND: YELAHANKA MERCHANTS FINANCE COMPANY HEMKUMAR NAGAR BYPASS, B.B.ROAD YELAHANKA BENGALURU-560064 REP BY MANAGER AND GPA HOLDER SMT. ANITHA AGED ABOUT 48 YEARS …RESPONDENT THIS CRL.RP IS FILED U/S 397(1) OF CR.P.C PRAYING TO MODIFY THE ORDER OF SENTENCE DATED 04.08.2018 PASSED Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010467202026 NC: 2026:KHC:37995 CRL.RP No. 1112 of 2026 BY THE LEARNED XI ADDL. SMALL CAUSES JUDGE AND XXXVI ACMM, BENGALURU IN CC.NO.1272/2018 AND ETC. 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 the learned counsel for the petitioner on I.A.No.1/2026 and there is a delay of 1120 days in filing the revision petition. 2. In support of the application, an affidavit is filed wherein in paragraph 7, it is stated that judgment was passed on 14.03.2023 in Criminal Appeal No.126/2019 and also in the affidavit, he has sworn that he paid a sum of Rs.50,000/- to the respondent through phone pay transaction on 18.05.2023 towards part payment of the amount awarded. In paragraph 8, it is submitted that thereafter, he fell seriously ill due to age related ailments and was unable to move about or meet his counsel for the - 3 - HC-KAR CNR: KAHC010467202026 NC: 2026:KHC:37995 CRL.RP No. 1112 of 2026 purpose of preparing and filing the present revision petition. He was undergoing regular Ayurvedic treatment and being a senior citizen aged about 77 years, he had experienced considerable difficulty in walking and attending to his legal affairs. Hence there was a delay in filing the petition. 3. Having taken note of the averments made in the affidavit, it is very clear that he was fully aware of the judgment passed by the appellate court on 14.03.2023 and thereafter, he also made the payment of Rs.50,000/- in the month of May, 2023 and thereafter, he deposes that due to age-related factors, he fell seriously ill, but no documents are placed on record before the Court to substantiate his contention. He says that he was taking treatment of Ayurveda. But the delay from 18.05.2023 till the filing of this revision petition in the year 2026, not explained. Hence, no satisfactory reasons are assigned for the delay of 1120 days in filing the revision petition. - 4 - HC-KAR CNR: KAHC010467202026 NC: 2026:KHC:37995 CRL.RP No. 1112 of 2026 Hence, I do not find any grounds to condone the delay of 1120 days. Accordingly, I.A.No.1/2026 is rejected. Consequently, revision petition is also dismissed. 4. In view of dismissal of the main petition, I.A. if any, does not survive for consideration and the same stands disposed of. Sd/- (H.P.SANDESH) JUDGE SN