H.N. Naveen Kumar vs Smt.Ushadevi
2022 Latest Caselaw 11420 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 17TH DAY OF AUGUST, 2022

                         BEFORE

      THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

   CRIMINAL REVISION PETITION NO.952 OF 2022

BETWEEN

H.N.NAVEEN KUMAR,
S/O. NAGAPPA,
AGED ABOUT 51 YEARS,
R/O. CHANNAKESHAVANAGAR,
SHIKARIPURA TALUK,
SHIVAMOGGA DISTRICT-577 201.                ... PETITIONER

[BY SRI.MADHU M.T., FOR
    SRI. GIRISH B. BALADARE, ADVOCATES]

AND

SMT. USHADEVI,
W/O. V.SRIDHAR,
AGED ABOUT 48 YEARS,
PROP: PRIYADARSHINI BAR
AND RESTAURANT, M.S.ROAD,
SHIKARIPURA,
SHIVMOGGA DISTRICT-577 201.               ... RESPONDENT

[RESPONDENT SERVED AND UNREPRESENTED]


                          ***

      THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W 401 OF CR.P.C., PRAYING TO SET ASIDE THE
JUDGMENT DATED 08.01.2019 PASSED BY THE LEARNED III ADDL.
SESSIONS JUDGE AT SHIVAMOGGA IN CRL.A.NO.51/2018 AND
JUDGMENT DATED 04.06.2018 PASSED BY THE SENIOR CIVIL
JUDGE AND JMFC, SHIKARIPURA IN C.C.NO.13/2017 (OLD
C.C.NO.486/2016) AND THE PETITIONER TO BE ACQUITTED FOR
THE OFFENCE ALLEGED AGAINST HIM.
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      THIS CRIMINAL REVISION PETITION COMING ON FOR
ORDERS, THROUGH VIDEO CONFERENCE/PHYSICAL HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:

                          ORDER

This revision petition is preferred by the accused

against the concurrent findings recorded by the Courts

below, whereby he was convicted for an offence

punishable under Section 138 of N.I. Act by the trial

Court which was confirmed by the Appellate Court.

2. The case of the complainant is that the

accused borrowed a hand loan of Rs.7,60,000/- for his

urgent financial necessity, by promising that he will

repay the same in three installments. He issued three

cheques for repayment of the same, amongst which the

cheque involved in this case bearing No.585847 dated

30.05.2016 for a sum of Rs.2,60,000/- drawn on Canara

Bank, was dishonoured for funds insufficient in the

account of the accused.

3. The trial Court considering the oral and

documentary evidence on record, convicted the accused

for the offence punishable under Section 138 of N.I. Act

and sentenced him to pay a fine of `3,00,000/- in

default, to undergo S.I for a period of three months. Out

of the fine amount a sum of `2,90,000/- was ordered to

be paid to the complainant by way of compensation. The

appellate Court dismissed the appeal preferred by the

accused vide judgment dated 08.01.2019 in Criminal

Appeal No.51/2018.

4. There is a delay of 1176 days in preferring

this revision petition. I have perused the affidavit

accompanying the application seeking condonation of

delay.

5. It is stated that the accused came to know

about the impugned judgment recently and he was

unable to meet his advocate as he was suffering from

jaundice and taking treatment. He was advised by the

doctor to take rest and in the meanwhile due to COVID-

19, he could not meet his advocate in the trial Court and

High Court. He was also suffering from financial crises.

Hence, he could not file this petition in time.

6. As could be seen from the certified copy of

the impugned judgment dated 08.01.2019, copy was

delivered on 18.01.2019 itself. Vague statements are

made that the petitioner was suffering from jaundice and

he was taking rest etc. There is not even a single

document produced to show that the petitioner was

suffering from any such ailment and the period of

ailment. This revision petition is filed on 05.07.2022,

after an inordinate delay of 1176 days, which is more

than 3 years. The delay in preferring the revision

petition is not satisfactorily explained. Revision petition is

therefore, liable to be dismissed on the ground of laches.

Hence, I.A. No.1/2022 is rejected and consequently, the

revision petition and I.A.No.2/2022 are dismissed.

Sd/-

JUDGE HB/-