Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR
CNR: KAHC010403322026 NC: 2026:KHC:41732 CRL.RP No. 981 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 981 OF 2026 BETWEEN:
1.
PNG GOLD COMPANY, NO.45, 2ND FLOOR, KATRIGUPPE MAIN ROAD, 80 FEET ROAD, NEXT TO RELIANCE SUPER MARKET, BSK 3RD STAGE, BENGALURU-560085.
REP. BY MANAGING PARTNER.
2.
PUNEET N., S/O NARSIMHA SWAMY, AGED ABOUT 35 YEARS, PARTNER, PNG GOLD COMPANY, NO.45, 2ND FLOOR, KATRIGUPPE MAIN ROAD, 80 FEET ROAD, NEXT TO RELIANCE SUPER MARKET, BSK 3RD STAGE, BENGALURU-560085.
3.
MOHAN N., S/O NARSIMHA SWAMY, AGED ABOUT 32 YEARS PARTNER, PNG GOLD COMPANY, NO.45, 2ND FLOOR, KATRIGUPPE MAIN ROAD, 80 FEET ROAD, NEXT TO RELIANCE SUPER MARKET, BSK 3RD STAGE, BENGALURU-560085.
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
CNR: KAHC010403322026 NC: 2026:KHC:41732 CRL.RP No. 981 of 2026
THE PETITIONER CAN ALSO BE SERVED 2ND FLOOR, NO 1130, 11TH CROSS, 7TH MAIN ROAD, SRINAGARA, BENGALURU-560050. …PETITIONERS
(BY SRI. SYED AKBAR PASHA, ADVOCATE)
AND:
1.
K. KRISHNAMURTHY, S/O KANNAPPAACHARI, AGED ABOUT 47 YEARS, PROPRIETOR, M/S. KRISHNA GEMS AND JEWELLERY WORK, NO.30, BASAVANNA TEMPLE STREET, ANCHEPET, BENGALURU-560053. …RESPONDENT
THIS CRL.RP IS FILED UNFRT SECTION 397 R/W 401 OF CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE AFFIRMED BY THE LEARNED LVIII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN CRL.A.NO.1875/2024 DATED 21.04.2026 AND THE JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE LEARNED XXII ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU IN C.C.NO.27886/2023 DATED 14.10.2024 WHICH COURT HAD CONVICTED THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I ACT, FURTHER PLEASE TO REMAND THE CASE TO THE LEARNED TRIAL COURT TO CONDUCT DE-NOVA TRIAL IN THE ABOVE CASE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
- 3 -
HC-KAR
CNR: KAHC010403322026 NC: 2026:KHC:41732 CRL.RP No. 981 of 2026
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
This Court heard the matter in length in the previous occasion on 07.07.2026 and suspended the sentence subject to the petitioners depositing 50% of the fine amount, including the amount already deposited before the Trial Court within four weeks and also directed to execute a bond for Rs.1,00,000/- with one surety within two weeks. It was also made clear that if the petitioners fail to deposit the fine amount within four weeks, the conditional order granted by the Court would automatically stand vacated. This Court having heard the matter in detail, came to the conclusion that there is no merit in the revision petition. Hence, the learned counsel for the revision petitioners made the submission that the petitioners are willing to settle the matter and sought time and hence, four weeks time was granted to settle the matter.
2. Today, the
learned counsel for the revision petitioners would submit that there is no settlement.
3. Having perused the reasoning of the Trial Court in paragraph No.11, there is no rebuttal evidence and also not led
- 4 -
HC-KAR
CNR: KAHC010403322026 NC: 2026:KHC:41732 CRL.RP No. 981 of 2026
any defence evidence. The Trial Court taken note of Ex.P.2 endorsement and also that the notice was issued and the same was served, but no reply was given. In the absence of rebuttal evidence, convicted and sentenced the accused. The Appellate Court re-appreciated the material available on record and confirmed the judgment of the Trial Court. When the order of both the Courts not suffers from its legality and correctness and no miscarriage of justice, the question of entertaining the revision petition does not arise. Hence, the criminal revision petition is dismissed.
Sd/- (H.P.SANDESH) JUDGE
MD List No.: 1 Sl No.: 18