Karnataka High Court
Shivadas J vs M.Narayanaswamy on 4 July, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:25308
CRL.RP No. 60 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO. 60 OF 2020 (397)
BETWEEN:
SHIVADAS J
S/O SUKUMAR,
AGED ABOUT 45 YEARS,
R/AT NO.141, MYLASANDRA,
R.V.C.E POST, BENGALURU-560059
SHIVADAS J.
E.NO.30727107, DEPOT W3150,
BOSCH (MICO) LTD., PBNO.3000,
HOSUR ROAD, ADUGODI,
BENGALURU-560030.
...PETITIONER
(BY SRI. CHANDRAHASA RAI B., ADVOCATE - ABSENT.)
AND:
M. NARAYANASWAMY
S/O MUNISHAMANNA
Digitally
signed by AGED ABOUT 50 YEARS,
REKHA R R/AT NO.10/2, 1ST 'B' MAIN ROAD,
Location: High GANGANAGARA, BANGALORE-560032
Court of
Karnataka ...RESPONDENT
(BY SRI. S.VENKATESH., ADVOCATE)
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC PRAYING
TO SET ASIDE THE JUDGMENT CONVICTION AND SENTENCE
PASSED BY THE XIII ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE BENGALURU PASSED IN C.C.NO.24354/2016
DATED 24.01.2018 CONVICTING THE APPELLANT FOR AN
OFFENCE P/U/S.138 OF NI ACT AND SENTENCING HIM TO PAY
A FINE OF RS.4,15,000/- AND IN DEFAULT TO UNDERGO
S.I.SIX MONTHS ETC.
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NC: 2024:KHC:25308
CRL.RP No. 60 of 2020
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
None present on behalf of revision petitioner.
2. This revision petition came to be filed on 15.10.2019 challenging the order of conviction passed in C.C.No.24354/2016 confirmed in Crl.A.No.299/2018 where under the accused was convicted for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 and ordered to pay a fine of Rs.4,15,000/- (Rupees Four lakhs fifteen thousand only) of which Rs.4,05,000/- (Rupees Four lakhs and five thousand only) was ordered to be paid as compensation to the complainant.
3. After obtaining the interim order of suspension of sentence, the order sheet depicts that the revision petitioner is not diligent in proceeding with the matter on merits. Even on the last date of hearing when the matter was listed on 05.04.2024, there is no representation and -3- NC: 2024:KHC:25308 CRL.RP No. 60 of 2020 in the interest of justice, this Court has granted one more opportunity to the revision petitioner to proceed with the matter on merits.
4. Since there is no representation on behalf of the revision petitioner even today, the revision petition stands dismissed for non-prosecution.
Sd/-
JUDGE SSD List No.: 1 Sl No.: 30