Mr Rajgopal M K vs Mr Vijay Shetty
2022 Latest Caselaw 8130 Kant

   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 3RD DAY OF JUNE 2022

                         BEFORE

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

       CRIMINAL REVISION PETITION No.699/2019

BETWEEN:

MR. RAJGOPAL M.K.
S/O LATE M.KRISHNAPPA,
AGED ABOUT 43 YEARS,
R/O SOMU NIVAS,
NEAR SANGANIKETAN,
GANDHI NAGAR,
MANGALURU-575 003.                    ... PETITIONER

(BY SRI.DINESHKUMAR RAO K, ADVOCATE
FOR PETITIONER-ABSENT)

AND:

MR. VIJAY SHETTY
S/O LATE NARAYANA SHETTY,
AGED ABOUT 63 YEARS,
R/AT CHOWTHARA HOUSE,
KULSHEKAR POST, BIKARNAKATTE,
MANGALURU-575 005.                    ... RESPONDENT

     THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTIONS 397 AND 401 OF CR.P.C BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE
PLEASED TO SET ASIDE THE JUDGMENT AND ORDER DATED
20.02.2019 PASSED BY THE II ADDITIONAL DISTRICT AND
                                                   Crl.R.P.No.699/2019
                                2


SESSIONS JUDGE, D.K. MANGALURU IN CRL.A.NO.86/2016
CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION AND
SENTENCE DATED 18.03.2016 PASSED BY THE JMFC Vth COURT
MANGALURU     IN   C.C.NO.1394/2014   (CONVICTING   THE
PETITIONER FOR OFFENCE P/U/S.138 OF N.I.ACT) AND ACQUIT
THE PETITIONER OF CHARGE LEVELED AGAINST HIM.

    THIS CRIMINAL REVISION PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

Called again and none appear in this matter.

2. In spite of granting several and sufficient

opportunities, since the petitioner has not taken steps to

ensure the service of notice upon the respondent and also

not shown any reason for his non-appearance, the Revision

Petition which is not yet admitted, stands dismissed for not

taking steps as well as for non-prosecution.

Sd/-

JUDGE

CBC