Smt. Sunitha vs Sri. P. V. Aravind
2021 Latest Caselaw 5327 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 2ND DAY OF DECEMBER, 2021

                      BEFORE

      THE HON'BLE MR. JUSTICE V. SRISHANANDA

 CRIMINAL REVISION PETITION NO.1328/2018

BETWEEN

SMT. SUNITHA
AGED ABOUT 44 YEARS,
W/O. HIDAYATH,
R/AT NO. 18, GROUND FLOOR,
P AND T COLONY,
1ST CROSS, R.T. NAGARA,
NEAR POLICE STATION,
BENGALURU-560 032.
                                     ...PETITIONER
(BY SRI SHRIDHARA K, ADVOCATE -ABSENT)

AND

SRI. P. V. ARAVIND
AGED ABOUT 40 YEARS,
S/O. LATE P. R. VENKATARAMAIAH,
R/AT NO. 74/A,
12TH MAIN, 27TH CROSS,
BANASHANKARI 2ND STAGE,
BENGALURU-560 085.
                                     ...RESPONDENT
(BY SMT. SRIMATHI M L, ADVOCATE)
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     THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF
CONVICTION PASSED AGAINST THE PETITIONER ON
14.06.2017 IN C.C.NO.3406/2014 IN THE COURT OF THE
LEARNED XVI A.C.M.M., BANGALORE CITY FOR THE
OFFENCE P/U/S 138 OF N.I ACT AND ALSO SET ASIDE THE
JUDGMENT AND ORDER DATED 28.09.2018 PASSED IN
CRL.A.NO.991/2017 IN THE COURT OF THE LII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT
BANGALORE     (CCH-53)    BANGALORE    WHERE    THE
APPELLANT COURT HAS CONFIRMED THE ORDER OF
CONVICTION.

     THIS CRIMINAL REVISION PETITION COMING ON
FOR ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:-

                           ORDER

Case called out thrice. There is no representation on

behalf of the Revision Petitioner.

2. Similar was the situation on 18.11.2021 and

24.11.2021. On 18.11.2021, this Court adjourned the

matter on 24.11.2021, at the request of Revision Petitioner

to address the arguments.

3. Learned counsel for the respondent was

present 18.11.2021, 24.11.2021 and today and opposes

further indulgence to be shown to the revision petitioner.

4. The Revision Petitioner has suffered an order

of conviction for the offence punishable under Section 138

of the Negotiable Instrument Act and ordered to pay fine

of Rs.2,25,000/- and out of which, Rs.2,15,000/- was

ordered to be paid as compensation to the complainant.

Since the Revision Petitioner has not present and

proceeded with the matter. There is no other option but to

dismiss the case for non-prosecution. Accordingly,

following order is passed:

ORDER

The Criminal Revision Petition is dismissed for non-

prosecution.

Sd/-

JUDGE

KA*