SRI N. PUSHPARAJ – Appellant
Versus
SRI P. R. NINGEGOWDA – Respondent
CRL.RP 385/2019
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17th DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR.JUSTICE N.K.SUDHINDRARAO
CRL.R.P.NO.385/2019
C/W
CRL.R.P.NO.797/2019, CRL.R.P.NO.798/2019
&
CRL.R.P.NO.799/2019
IN CRL.RP.NO.385/2019:
BETWEEN:
SRI N. PUSHPARAJ,
S/O NATARAJ,
AGED ABOUT 66 YEARS,
FAIR PRICE SHOP BUSINESSMAN,
R/O 6TH CROSS, VIJAYAPURA EXTENSION
CHIKKAMAGALUR - 577 101
(BENEFIT OF SENIOR CITIZEN NOT CLAIMED)
... PETITIONER
(BY SRI. M.R.RAJAGOPAL, ADV)
AND:
SRI. P.R.NINGEGOWDA,
S/O LATE RANGEGOWDA,
AGED ABOUT 43 YEARS,
PROP: CAKE CORNER,
TALUK OFFICE ROAD,
BASAVANAHALLI EXTENSION,
CHIKKAMAGALURU - 577 101.
... RESPONDENT
(BY SRI VINOD GOWDA, ADV)
2
THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.P.C.
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
DATED 30.01.2018 PASSED BY THE II ADDITIONAL
SESSIONS
JUDGE,
CHIKKAMAGALURU
IN
CRL.A.NO.5/2017 AND THE JUDGMENT AND ORDER
DATED 06.12.2016 PASSED BY THE III ADDITIONAL CIVIL
JUDGE
AND
J.M.F.C.,
CHIKKAMAGALURU
IN
C.C.NO.1251/2012 AND CONSEQUENTLY ALLOW THE
CRIMINAL
REVISION
PETITION
AND
ACQUIT
THE
PETITIONER FROM THE ALLEGED OFFENCE PUNISHABLE
UNDER SECTION 138 OF N.I. ACT IN C.C.NO.1251/2012
ON 06.12.2016 ON THE FILE OF III ADDITIONAL CIVIL
JUDGE AND J.M.F.C. AT CHIKKAMAGALURU.
IN CRL.RP.NO. 797/2019:
BETWEEN:
SRI. SURESH KUMAR N.P.,
S/O N. PUSHPARAJ,
AGED ABOUT 33 YEARS,
R/O 6TH CROSS, MALLANDUR ROAD,
CHIKKAMAGALURU CITY - 577 101.
... PETITIONER
(BY SRI M.R.RAJAGOPAL, ADV)
AND:
SRI. H.A.SUDHARSHANA,
S/O ACHUTHAMURTHY,
AGED ABOUT 33 YEARS,
R/O HOSAMANE EXTENSION,
CHIKKAMAGALURU CITY - 577 101.
... RESPONDENT
(RESPONDENT SERVED & UNREPRESENTED)
THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.P.C.
PRAYING TO (A) SET ASIDE THE JUDGMENT AND ORDER
DATED 12.07.2017 PASSED BY THE LEARNED I ADDL.
SESSIONS AND SPECIAL JUDGE AT CHIKKAMAGALURU IN
CRIMINAL APPEAL NO.35/2016 AND THE JUDGMENT AND
ORDER DATED 21.01.2016 PASSED BY THE LEARNED 2ND
3
ADDL. CIVIL JUDGE AND J.M.F.C. AT CHIKKAMAGALURU
IN
C.C.NO.592/2013;
(B)
CONSEQUENTLY,
ALLOW
CRIMINAL APPEAL NO.35/2016 ON THE FILE OF THE
LEARNED I ADDL. SESSIONS AND SPECIAL JUDGE AT
CHIKKAMAGALURU
AS
PRAYED
FOR
AND
DISMISS
C.C.NO.592/2013 ON THE FILE OF THE LEARNED 2ND
ADDL. CIVIL JUDGE AND J.M.F.C. AT CHIKKAMAGALURU.
IN CRL.RP.NO. 798/2019:
BETWEEN:
SRI. SURESH KUMAR N.P.,
S/O N. PUSHPARAJ,
AGED ABOUT 33 YEARS,
R/O 6TH CROSS, MALLANDUR ROAD,
CHIKKAMAGALURU CITY - 577 101.
... PETITIONER
(BY SRI M.R.RAJAGOPAL, ADV)
AND:
SRI. C.N.ANIL KUMAR,
S/O NANJUNDEGOWDA,
AGED ABOUT 32 YEARS,
R/O HOSAMANE EXTENSION,
CHIKKAMAGALURU CITY - 577 101
... RESPONDENT
(RESPONDENT SERVED & UNREPRESENTED)
THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.P.C.
PRAYING TO (A) SET ASIDE THE JUDGMENT AND ORDER
DATED 05.08.2017 PASSED BY THE LEARNED I ADDL.
SESSIONS AND SPECIAL JUDGE AT CHIKKAMAGALURU IN
CRIMINAL APPEAL NO.40/2016 AND THE JUDGMENT AND
ORDER DATED 09.02.2016 PASSED BY THE LEARNED 2ND
ADDL. CIVIL JUDGE AND J.M.F.C. AT CHIKKAMAGALURU
IN
C.C.NO.918/2013;
(B)
CONSEQUENTLY,
ALLOW
CRIMINAL APPEAL NO.40/2016 ON THE FILE OF THE
LEARNED I ADDL. SESSIONS AND SPECIAL JUDGE AT
CHIKKAMAGALURU
AS
PRAYED
FOR
AND
DISMISS
4
C.C.NO.918/2013 ON THE FILE OF THE LEARNED 2ND
ADDL. CIVIL JUDGE AND J.M.F.C. AT CHIKKAMAGALURU.
IN CRL.RP.NO. 799/2019:
BETWEEN:
SMT. LAKSHMI,
W/O N. PUSHPARAJ,
AGED ABOUT 58 YEARS,
AGRICULTURIST AND
HOUSE WIFE; R/O 6TH CROSS,
VIJAYAPURA EXTENSION,
CHIKKAMAGALURU - 577 101.
... PETITIONER
(BY SRI M.R.RAJAGOPAL, ADV)
AND:
SRI. P.R.NINGEGOWDA,
S/O LATE RANGEGOWDA,
AGED ABOUT 43 YEARS,
PROP: CAKE CORNER,
TALUK OFFICE ROAD,
BASAVANAHALLI EXTENSION,
CHIKKAMAGALURU - 577 101.