Karnataka High Court
Mohammed Hanif vs M/S Bharath Traders on 29 July, 2025
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NC: 2025:KHC:29264
CRL.RP No. 1114 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CRIMINAL REVISION PETITION NO. 1114 OF 2025
BETWEEN:
MOHAMMED HANIF,
AGED ABOUT 51 YEARS,
R/AT NO 71-2, GANDHI NAGARA,
HALEPETE , UJIRE POST,
BELTHANGADY TALUK,
ALSO R/AT NO 9-65/10,
T H MANZIL, T B CROSS,
BELTHANGADY TALUK,
D K DISTRICT - 574240,
MOB 9686061857.
...PETITIONER
(BY SRI JITHIN JEIJO, ADVOCATE)
AND:
Digitally M/S BHARATH TRADERS,
signed by C UJIRE VILLAGE AND POST,
HONNUR SAB BELTHANGADY TALUK, D K DIST,
REPRESENTED BY ITS PARTNER
Location: P PANDURANGA BALIGA,
HIGH COURT
AGED ABOUT 68 YEARS,
OF
KARNATAKA S/O MANJUNATHA BALIGA,
MANJUSHREE NILAYA,
MAIN ROAD, UJIRE VILLAGE,
BELTHANGADY TALUK,
D K DISTRICT - 574240.
...RESPONDENT
(BY SMT TUSHARA, ADVOCATE)
THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER ON
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NC: 2025:KHC:29264
CRL.RP No. 1114 of 2025
HC-KAR
SENTENCE DATED 31.12.2024 PASSED BY THE HONBLE II
ADDL.DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA,
MANGALURU IN CRL.A NO.302/2023, PRODUCED AS
DOCUMENT NO.1 WHICH CONFIRMED THE JUDGMENT OF
CONVICTION AND ORDER OF SENTENCE DATED 25.11.2023
PASSED BY THE HONBLE PRL.SENIOR CIVIL JUDGE AND JMFC
COURT, BELTHANGADY, DAKSHINA KANNADA, IN CC
NO.173/2019 PRODUCED AS DOCUMENT NO.2 BY ALLOWING
THIS REVISION PETITION.
THIS PETITION, COMING ON FOR HEARING -
INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
I.A.1/2025 is filed to condone the delay of 113 days
in filing the revision petition.
2. Sri Tushar, learned counsel for the respondent
submits that delay may be condoned.
3. Accepting the cause shown in the affidavit filed
in support of the application, delay of 113 days in filing the
revision petition is condoned. Accordingly, I.A.1/2025 is
allowed.
NC: 2025:KHC:29264
HC-KAR
4. Learned counsel for the petitioner submits that
this petition is filed against the judgment dated
25.11.2023 in C.C.No.173/2019 on the file of the JMFC,
Belthangady, D.K.District.
5. The cheque was for Rs.1.00 lakh. Accused is
sentenced to pay Rs.1,10,000/-, out of which Rs.10,000/-
is ordered to be payable as a fine to State and balance of
Rs.1.00 lakh is ordered to be paid to the complainant.
6. The appeal filed against the said judgment in
Crl.A.302/2023 is dismissed vide impugned judgment
dated 31.12.2024.
7. Learned counsel for the petitioner submits that
the petitioner has paid entire Rs.1.00 lakh by transferring
the amount to the account of the respondent-complainant.
It is submitted that in addition Rs.35,000/- is also paid
towards litigation expenses. Thus, he would submit that
there is no liability.
NC: 2025:KHC:29264
HC-KAR
8. Sri Tushar, learned counsel submits that the
complainant has received the amount as stated above as
the dispute is settled.
9. Learned counsel for the respondent has also
filed an affidavit reporting receipt of Rs.1,35,000/- which
is taken on record.
10. Since, it is submitted that the entire amount is
paid along with litigation expenses of Rs.35,000/-, this
Court is of the view that the impugned order be set-aside
and accordingly set-aside. Accused-petitioner is acquitted.
Bail bond stand cancelled.
11. Accordingly, petition is allowed as indicated
above.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
BRN
