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2026 DAILYLAW 502 (KAR)

SREEKANTA MURTHY H v. SREE GOKULAM CHIT AND FINANCE CO PVT LTD.,

CRL.RP/795/2022 · 2026-03-26

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17442 CRL.RP No. 795 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.795 OF 2022 (397(Cr.PC) / 438(BNSS) BETWEEN: SREEKANTA MURTHY H S/O H S R GUPTA AGED ABOUT 65 YEARS R/AT 2865, V.T. STREET DODDABALLAPUR BANGALORE - 561 203 …PETITIONER (BY SRI. ARUN G, ADVOCATE) AND: SREE GOKULAM CHIT AND FINANCE CO PVT. LTD., HAVING ITS REGISTERED OFFICE AT CHENNAI AND HAVING ITS BRANCH OFFICE AT MALLESHWARAM BRANCH 240, 16TH CROSS, SAMPIGE ROAD MALLESHWARAM BANGALORE - 560 003 REPRESENTED BY ITS LEGAL CLERK AND GPA HOLDER OF THE COMPANY MR. RAJA H M …RESPONDENT (BY SRI. HARIKESH SINGH, ADVOCATE -ABSENT) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT DATED 20.11.2018 IN C.C.No.2796/2016 AND ALSO THE JUDGMENT PASSED BY THE HON’BLE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-60) ON 07.04.2022 IN CRL.A.No.18/2019 BY ALLOWING THE REVISION PETITION AND CONSIDERING Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17442 CRL.RP No. 795 of 2022 THE ERROR APPARENT TO REMAND BACK THE CASE IN C.C.No.2796/2016 OF XX ADDITIONAL SMALL CAUSES JUDGE (SCCH-22) AND XVIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AND M.A.C.T., AT BENGALURU FOR FRESH TRIAL. THIS PETITION, COMING ON FOR REPORT SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER After addressing the arguments for some time, counsel for petitioner files a memo. None represents the respondent. 2. Contents of the memo reads as under: “The undersigned counsel for the petitioner submits that petitioner is already deposited 50% of cheque/conviction amount before Trial Court as per the interim order. Further he is ready to deposit remaining 50% of the amount towards full amount that is toto of Rs.1,00,000/-, (One Lakh Only) as per the judgment of trial Court within period of 6 weeks. WHEREFORE, it is prayed to set aside the order of conviction which inclusive of sentence to undergo 6 months of simple imprisonment in the judgment dated: 20.11.2018 in C.C.No.2796/2016 by Hon XVIII ACMM & (SCCH-22), Bengaluru and pass such other order which is deemed fit by this Hon'ble Court, in the interest of justice.” - 3 - HC-KAR NC: 2026:KHC:17442 CRL.RP No. 795 of 2022 3. Placing the memo on record, petition stands disposed of. 4. It is made clear that if the compensation amount is not paid as agreed in the memo, petitioner shall undergo imprisonment as ordered by Trial Magistrate, confirmed by the First Appellate Court. 5. After the payment of the entire compensation amount, imprisonment of six months stands set side. 6. Fine amount of Rs.10,000/- imposed towards defraying expenses stands set aside since the matter is privy to the parties. 7. Amount in deposit is ordered to be withdrawn by the complainant under due identification. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 49