Sri. S Suresh vs Navanagara Urban Co-Operative Bank Ltd
2025 Latest Caselaw 1932 Kant

Karnataka High Court

Sri. S Suresh vs Navanagara Urban Co-Operative Bank Ltd on 1 August, 2025

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                                                     NC: 2025:KHC:29875
                                                CRL.RP No. 1402 of 2023


               HC-KAR




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 1ST DAY OF AUGUST, 2025

                                       BEFORE
                THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                  CRIMINAL REVISION PETITION NO. 1402 OF 2023
               BETWEEN:

               SRI S SURESH,
               S/O SUBAAIAH,
               AGED ABOUT 54 YEARS,
               OCC-TEACHER,
               GOVERNMENT HIGHER PRIMARY SCHOOL,
               HONENHALLI VILLAGE, SALIGRAMA HOBLI,
               KR NAGAR TALUK, MYSURU DISTRICT - 571602.
                                                           ...PETITIONER
               (BY SRI PRAKASH M PATIL, ADVOCATE)
               AND:

               NAVANAGARA URBAN CO-OPERATIVE BANK LTD.,
               K R NAGARA,
               REP. BY ITS GENERAL MANAGER C SURESH,
Digitally      S/O C J CHANDREGOWDA,
signed by C    AGED ABOUT 55 YEARS,
HONNUR SAB     KR NAGARA MYSURU DISTICT - 571602.
                                                      ...RESPONDENT
Location:      (BY SRI B S MAHENDRA, ADVOCATE)
HIGH COURT
OF               THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C
KARNATAKA   PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND
               SENTENCE PASSED IN CRIMINAL APPEAL NO.264 OF 2021
               DATED 17.07.2023, FOR THE OFFENCE P/U/S 138 OF N.I. ACT,
               PASSED BY THE VIII ADDL. DISTRICT AND SESSIONS JUDGE,
               MYSURU, SITTING AT HUNSUR, AND CONVICTION AND
               SENTENCE THAT THE PETITIONER TO PAY A FINE OF
               RS.4,21,500/- IN DEFAULT TO PAY THE FINE AMOUNT TO
               UNDERGO S.I. FOR 1 YEAR IN C.C.NO.293 OF 2019 DATED
               09.11.2021, PASSED BY THE ADDL. CIVIL JUDGE AND JMFC,
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                                             NC: 2025:KHC:29875
                                        CRL.RP No. 1402 of 2023


 HC-KAR




KRISHNARAJANAGAR AND ALLOW THIS CRIMINAL REVISION
PETITION.

    THIS PETITION, COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:


CORAM:       HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE


                           ORAL ORDER

This petition is filed against the concurrent finding in a

proceeding under Section 138 of the Negotiable Instruments

Act, 1881.

2. The accused is sentenced to pay fine of Rs.4,21,500/-.

Sentence is confirmed by the First Appellate Court. Hence,

accused is before this Court.

3. Learned counsel for the petitioner would submit that

the dispute is arising on account of the loan transaction with

the respondent/bank.

4. Learned counsel for the respondent does not dispute

this fact.

5. It is also submitted by both the counsel that entire

loan amount is repaid by the accused.

NC: 2025:KHC:29875

HC-KAR

6. Accordingly, the impugned orders are set-aside.

7. Since the entire amount is paid to the respondent,

amount in deposit with interest if any, shall be released in

favour of the petitioner.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE