Mr Syed Shabeer Ahmed vs Mr Md Raheemulla Shariff
2022 Latest Caselaw 10159 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 1ST DAY OF JULY 2022

                        BEFORE

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

    CRIMINAL REVISION PETITION No.903 OF 2014


BETWEEN:

MR.SYED SHABEER AHMED
S/O SYED FAZLUR REHMAN
AGED ABOUT 45 YEARS
R/AT NEAR BUGNEY RESTAURANT
OPP. TWO WHEELER
MECHANIC SHOP,
3RD CROSS, WHITE FIELD,
BANGALORE-56 0047
                                         ... PETITIONER

(BY SRI. CHANDRAHASA RAI B., ADVOCATE)


AND:

MR.MD. RAHEEMULLA SHARIFF
AGED 52 YEARS
R/AT NO.2/1, IST FLOOR,
10TH CROSS, MOBILE TOWER
BUILDING, SOMESHWARANAGAR,
JAYANAGAR,
BANGALORE-560 011.
                                         ... RESPONDENT
(BY SRI IRSHAD AHMED K., ADV., )


    THIS CRIMINAL REVISION PETITION IS FILED U/S.397
R/W 401 OF CR.P.C. TO SET ASIDE THE CONVICTION AND
                                                Crl.R.P.No.903/2014
                               2


SENTENCE JUDGMENT DATED 15.04.2014 PASSED IN
C.C.NO.22988/2008 PASSED BY THE XXI ACMM, BANGALORE
CITY AND BY CONFIRMING THE SAID JUDGMENT IN
CRL.A.NO.472/2014 PASSED BY THE FAST TRACK-XII,
BANGAORE CITY AND ETC.


     THIS CRIMINAL REVISION PETITION COMING ON FOR
ORDERS      THROUGH      PHYSICAL     HEARING/VIDEO
CONFERENCING, THIS DAY, THE COURT MADE THE
FOLLOWING:

                             ORDER

Learned counsel for the petitioner who alone is

physically present submits that in spite of repeated

attempts to contact the client i.e., the petitioner herein is

neither coming in contact nor even he is giving suitable

instructions or information requiring to proceed further in

this matter. With this, he submits his helplessness in

proceeding in this matter.

The present revision petition is filed by the accused

challenging the confirmation of conviction for the offence

punishable under Section 138 of Negotiable Instruments

Act, 1881. The criminal case is of the year 2008. As

such, the matter is 14 years old, still the petitioner is not Crl.R.P.No.903/2014

evincing any interest in prosecuting the matter. Hence,

the petition stands dismissed for non-prosecution.

In view of the dismissal of the main petition,

I.A.No.1/2022 does not survive for consideration.

Sd/-

JUDGE

TL