Karnataka High Court
Neuton Preccision Pvt Ltd vs Vivek Engineering Works on 14 February, 2022
Bench: Mohammad Nawazpresided Bymnj
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 14TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL REVISION PETITION No.100046/2022
BETWEEN:
NEUTON PRECCISION PVT.LTD.,
D-65, ANGOL INDUSTRIAL ESTATE,
UDYAMBAG, BELAGAVI,
REP.BY ITS DIRECTORS,
SRI VINAYAK,
S/O GANGADHAR PATIL,
AGE: 55 YEARS,
OCC: BUSINESS,
R/O D-65, ANGOL INDUSTRIAL ESTATE,
UDYAMBAG, BELAGAVI-08.
...PETITIONER
(BY SHRI RAM P.GHORPADE, ADVOCATE)
AND:
VIVEK ENGINEERING WORKS,
PL NO.A/14, MIDC SHIROLI,
KOLHAPUR, MAHARASTRA,
A REGD.PARTNERSHIP FIRM,
REP.BY AUTHORIZED PERSON
AND ONE OF ITS PARTNER
SHRI ANAND @ VINAYAK,
S/O JAGANATH LIDHADE,
AGE: 38 YEARS, OCC: BUSINESS,
R/O 250/B/35A, YASHWANT PART,
NAGALA PARK, KOLHAPUR,
MAHARASTRA-416003.
...RESPONDENT
2
THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397
AND 401 OF CR.P.C. SEEKING TO SETTING ASIDE THE ORDER
DATED 10.11.2021 PASSED IN CRL.APPEAL NO.148/2020, BY THE
X ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BELAGAVI
THEREBY CRIMINAL APPEAL IS DISMISSED FOR NON-
PROSECUTION FILED BY THE PETITIONER AND RESTORE THE
C.C.NO.476/2017 TO ITS ORIGINAL FILE.
THIS CRIMINAL REVISION PETITION COMING ON FOR
HEARING ON INTERLOCUTORY APPLICATION THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Petitioner has preferred this petition praying to
set aside the order dated 10.11.2021 passed by the
learned X Additional District and Sessions Judge at
Belagavi in Criminal Appeal No.148/2020, whereby
the learned Sessions Judge has dismissed the said
appeal for non-prosecution.
2. Respondent herein filed a complaint
against the petitioner alleging an offence punishable
under Section 138 of the Negotiable Instruments
Act. The learned Magistrate vide judgment dated
19.02.2020 passed in Criminal Case No.476/2017
convicted the accused and sentenced him to pay a
fine of Rs.14,72,000/- and in default of payment, to
undergo S.I. for one year.
3. The petitioner/accused herein preferred
Criminal Appeal No.148/2020 on the file of the Court
of X Additional District and Sessions Judge, Belagavi
challenging the judgment and order of conviction
and sentence passed by the learned Magistrate. It
appears from the order sheet that the learned
Sessions Judge on 27.07.2021 passed an order of
stay subject to deposit of 20% of the fine amount
within a period of 30 days. Since the said amount
was not deposited, the appeal was dismissed for
non-prosecution on 10.11.2021.
4. The learned Sessions Judge has observed
that there was no one representing the appellant for
a long time and I.A.No.1 filed for suspension of
sentence was not heard. Conditional stay order was
passed to deposit 20%, but there is no compliance.
Hence, the learned Sessions Judge has proceeded to
dismiss the appeal for non-prosecution.
5. The learned counsel appearing for the
revision petitioner submits that the accused has got
a good case on merits and therefore he may be
given an opportunity to prosecute his appeal. He
submits that the accused is ready to deposit 20% of
the fine amount.
6. Considering the entire facts and
circumstances of the case, since the appeal
preferred by the accused has been dismissed for
non-prosecution only on the ground that he has
failed to make the statutory deposit as directed by
the learned Sessions Judge and since now the
accused is ready to deposit 20% of the fine amount,
as directed by the learned Sessions Judge, I deem it
proper to give the accused an opportunity to contest
the case, to meet the ends of justice, however by
imposing cost.
7. For the foregoing reasons, I proceed to
pass the following:
ORDER
The revision petition is allowed.
Order dated 10.11.2021 passed in
Criminal Appeal No.148/2020, on the file
of the X Additional District and Sessions
Judge at Belagavi is hereby set aside.
The Criminal Appeal No.148/2020
shall be restored to its file subject to the
accused depositing 20% of the fine
amount as ordered by the learned
Sessions Judge, within a period of one
week from the date of receipt of a copy of
this judgment.
The accused shall deposit cost of
Rs.3,000/- (Rupees three thousand only)
before the Appellate Court, out of which a
sum of Rs.2,000/- shall be paid to the
complainant.
The accused/petitioner shall appear
before the learned Sessions Judge on or
before 25.02.2022.
Pending interlocutory applications
are disposed of.
Sd/-
JUDGE
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