Sri. Ganesha. S vs N. Shankarnarayana
2021 Latest Caselaw 2129 Kant

   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 04TH DAY OF JUNE, 2021

                              BEFORE

   THE HON'BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY

     CRIMINAL REVISION PETITION No.1258 OF 2017

BETWEEN:

Sri Ganesha.S.
S/o Late Srinivasa Kulandai
Age 51 years,
Proprietor
Sree Ganesh Tyres
No.14, 1st Cross,
Parvathipuram Main Road,
Bengaluru - 560 004.                              ...Petitioner

(By Sri N.Suresha, Advocate)

AND:

N.Shankarnarayana
S/o Late Narasimaiah
Aged about 53 years,
Residing at No.645/1
1st Floor, Burugal Mutt Road,
V.V.Puram,
Bengaluru - 560 004.                             ..Respondent

(By Smt.Sandarshini.D.K., Advocate)

      This Criminal Revision Petition filed under Section 397
r/w 401 of Cr.P.C. by the petitioner praying to set aside the
order dated 31.10.2017 passed by the LVI Additional City Civil
and Sessions Judge, Bengaluru in Crl.A.No.925/2017 and set
aside the sentence dated 03.03.2017 passed by the XVIII
Additional Chief Metropolitan Magistrate, Bengaluru in
C.C.No.8235/2013 by allowing this criminal revision petition.
                                2              Crl.R.P.No.1258/2017




      This Criminal Revision Petition coming on for orders,
through Video Conference, this Day, the Court made the
following:

                            ORDER

The present revision petition is filed by the accused in

the Trial Court who had challenged the judgment of conviction

passed against him by the Trial Court for the offence

punishable under Section 138 of the Negotiable Instruments

Act in Crl.A.No.925/2017 in the Court of the LVI Additional

City Civil and Sessions Judge, Bengaluru. The said criminal

appeal came to be dismissed for non-prosecution by the

Sessions Judge's Court on 31.10.2017, challenging the same,

he has preferred the present revision petition.

2. The learned counsel for the revision petitioner on

31.05.2021 had made a submission that the petitioner since

is dead and his legal representatives are also not interested to

proceed further in this revision petition, he would not press

the present revision petition. In continuation of the same, the

learned counsel has now filed a memo reporting the death of

the petitioner and has sought for withdrawal of this petition.

In view of the memo and supporting submission and also

the submission made on 31.05.2021, the revision petition

stands abated.

Sd/-

JUDGE

DH