Shawaz Pasha vs Ayub Khan
2022 Latest Caselaw 11004 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 20TH DAY OF JULY 2022

                        BEFORE

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

   CRIMINAL REVISION PETITION NO.1230 OF 2021

BETWEEN:

SHAWAZ PASHA
S/O RASHEED,
AGED ABOUT 46 YEARS,
RESIDING AT NO.8, I CROSS,
OPP KANTI SWEETS,
KAMMANAHALLI MAIN ROAD,
CHINNAPPA LAYOUT,
BANGALORE-560 084.
                                       ... PETITIONER
(NOTICE TO PETITIONER SERVED AND UNREPRESENTED)

AND:

AYUB KHAN
S/O AHMED,
AGED ABOUT 53 YEARS,
RESIDING AT NO.7, 4TH,
MATTIKARELINE RAHATALI LAYOUT,
ARABIC COLLEGE POST,
BANGALORE-560 045.
                                        ... RESPONDENT
(BY SRI.S.NOORMOHAMMED, ADVOCATE)

     THIS CRIMINAL REVISION PETITION IS FILED U/S.397
R/W 401 CR.P.C, PRAYING TO SET ASIDE THE JUDGMENT OF
CONVICTION AND SENTENCE DATED 09.08.2019 PASSED BY
17TH ADDITIONAL JUDGE COURT OF SMALL CAUSES AND
A.C.M.M., MAYO HALL, BENGALURU IN C.C.NO.55437/2018,
CONFIRMED BY ORDER DATED 13.10.2021, OF THE 57TH
                                              Crl.R.P.No.1230/2021
                              2


ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL,
BENGALURU   IN   CRL.A.NO.25255/2019,   WHEREBY   THE
HON.COURTS WERE PLEASED TO CONVICT THE PETITIONER
FOR THE OFFENCE P/U/S 138 OF THE N.I ACT AND SENTENCE
HIM TO PAY A FINE OF RS.3,50,000/- AND IN DEFAULT TO
UNDERGO SENTENCE OF ONE YEAR OF S.I AND ACQUIT THE
PETITIONER.

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

                            ORDER

None appear in this matter either physically or

through video conference.

2. The petitioner called out again. He has

remained absent even today also.

3. A perusal of the order sheet would go to show

that after duly serving notice of his retirement upon the

petitioner, learned counsel for the petitioner retired from

appearing for the petitioner in this matter on 29.06.2022.

Even though the petitioner was aware of the retirement of

his advocate, since he was served with the notice by his

counsel, still this court as an abundant caution, called out

the petitioner on the said date but he had remained Crl.R.P.No.1230/2021

absent. Enabling the petitioner to appear in this matter

and to proceed further, the matter stood adjourned to

6.7.2022. On the said day also, none appeared in this

matter, the petitioner was called out again, still he

remained absent, however, once again as an abundant

caution, an emergent court notice was ordered upon the

petitioner and the matter was adjourned to today.

4. According to the note put up by the Registry,

the emergent court notice has been served upon the

petitioner through the police. The petitioner was once

again called out. He has remained absent. Thus, it makes

very clear that even after knowing that his counsel has

retired in the matter and even after receiving the

emergent court notice issued to him, the petitioner has

chosen not to appear in this matter and to proceed further.

The petitioner has challenged the confirmation of his

conviction by the Sessions Judge's Court for the offence

punishable under Section 138 of the N.I.Act. In such a

situation, when the petitioner himself is not interested in Crl.R.P.No.1230/2021

prosecuting the matter, I do not find any reason in further

adjourning the matter.

Accordingly, the petition stands dismissed for non-

prosecution.

Sd/-

JUDGE

CBC