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High Court of Karnataka · body

2026 DAILYLAW 9889 (KAR)

SRI E M AZIZ v. SRI B A RAMESH

CRL.RP/106/2026 · 2026-04-28

V Srishananda

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:24278 CRL.RP No. 106 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 106 OF 2026 BETWEEN: SRI. E. M. AZIZ, S/O MOIDEEN KUTTY, AGED 47 YEARS, R/AT NEAR BRIGHT SCHOOL, VIRAJPET TALUK, KODAGU DISTRICT - 571 218. …PETITIONER (BY SRI.MOHAMMED ASHHAR C.K., ADVOCATE) AND: SRI. B.A.RAMESH, S/O B.C.AIYAPPA, AGED ABOUT 53 YEARS, R/AT MYTHADI VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT - 571 218. …RESPONDENT (RESPONDENT SERVED) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO A. SET ASIDE THE Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24278 CRL.RP No. 106 of 2026 ORDER DATED 06.12.2025 PASSED IN CRIMINAL APPEAL NO.5044/2023 BY THE II ADDL.DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERI SITTING AT VIRAJPET. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Memo filed on behalf of the petitioner. Memo reads as under: " 1. It is submitted that the cheque amount in the above matter is Rs.4,90,000. After conviction, the petitioner has deposited Rs.1,00,000 in trial court, and after filing of the above case, the petitioner has deposited Rs.1,50,000 before this Hon'ble Court, an amount of Rs.2,50,000 is in deposit. The balance amount payable is Rs.2,45,000 including fine amount of Rs.5,000/-. 2. The petitioner is a poor person having lost his major money during the time of COVIC-19 in a small business which he was doing, the peitinoer therefore requires one-year time to deposit balance amount of Rs.2,45,000 in full and final settlement of the respondent amount. A sum of Rs.5,000 fine may be deducted. - 3 - HC-KAR NC: 2026:KHC:24278 CRL.RP No. 106 of 2026 3. The petitioner's signed bond paper and car documents and certain other documents are with the respondent, the respondent may be directed to return back the same to the petitioner after aforesaid deposit. Wherefore, in the circumstance, the petitioner may be given one-year time to deposit said sum of Rs.2,45,000 before the Trial Court payable to respondent in the ends of justice and this petition accordingly may be closed by setting aside the order of conviction in the ends of justice." 2. Respondent served with the notice of the revision petition, remained absent. 3. Placing the memo on record, petition stands disposed off. 4. After the payment of the entire compensation amount as agreed in the memo, if the respondent fails to hand over the alleged documents, petitioner is at liberty to take appropriate steps in accordance with law for receiving the documents from the respondent. - 4 - HC-KAR NC: 2026:KHC:24278 CRL.RP No. 106 of 2026 5. Amount in deposit, if any, is ordered to be withdrawn by the complainant under due identification. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 2 Sl No.: 34