1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^th 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 6^TH 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)

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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 6^TH 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 2^ND

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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 2^ND

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 6^TH 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 2^ND

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

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C.C.NO.918/2013 ON THE FILE OF THE LEARNED 2^ND

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 6^TH 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.