Sri P N Suresh vs M/S Padmavathi Pipes & Fittings
2022 Latest Caselaw 4732 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 14TH DAY OF MARCH, 2022

                          BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

          CRIMINAL REVISION PETITION NO.282/2019

BETWEEN:

SRI P.N. SURESH,
S/O P.N. SHETTY,
AGED ABOUT 52 YEARS,
EARLIER RESIDING AT NO.180/1,
FLAT NO.21, ROHINI APARTMENTS,
9TH CROSS, WILSON GARDEN,
BENGALURU-560 027.
NOW RESIDING AT NO.454,
SRI HARI APARTMENTS,
8TH MAIN, 5TH CROSS,
HANUMANTHANAGAR,
BENGALURU-560 019.                          ...PETITIONER

       (BY SRI RUDRA MURTHY G.T., ADVOCATE - ABSENT)

AND:

M/S. PADMAVATHI PIPES AND FITTINGS,
PARTNERSHIP FIRM,
OFFICE AT NO.165,
KUMBARPET MAIN ROAD,
BENGALURU-560 002.
REP. BY ITS PARTNER
SRI DEEPAK KUMAR GOEL.
AGED 47 YEARS.
S/O HARIRAM GUPTA.                         ...RESPONDENT

           (BY SRI VAMSHI KRISHNA C, ADVOCATE )
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     THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTIONS 397 READ WITH 401 OF CR.P.C PRAYING TO SET
ASIDE THE JUDGMENT AND SENTENCE OF CONVICTION DATED
28.11.2016 PASSED AGAINST THE ACCUSED BY XXI
ADDL.C.M.M., BENGALURU IN C.C.NO.33110/2014 AND THE
JUDGMENT DATED 16.08.2018 PASSED BY THE LIX ADDITIONAL
CITY   CIVIL  AND   SESSIONS   JUDGE,   BENGALURU   IN
CRL.A.NO.1543/2016 AND ACQUIT THE PETITIONER.

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

                            ORDER

The learned counsel for the respondent is present.

2. On perusal of the order sheet, it is noticed that only

notice is issued against the respondent and the delay of 105

days was condoned. When the matter was listed on 22.01.2021

and 08.10.2021, there was no representation on behalf of the

petitioner. On 21.10.2021, at the request of the learned counsel

for the petitioner, the matter was adjourned to 25.10.2021. On

25.10.2021, the matter was called thrice and there was no

representation on behalf of the petitioner. However, this Court

made an observation that this is the revision petition of the year

2019 and the matter is yet to be admitted. There is no progress

in the case since the year 2019. However, in the interest of

justice two days time is finally granted for the revision petitioner

to appear and proceed with the matter. On 28.10.2021 also

there was no representation for the petitioner and the matter

was adjourned at the instance of the respondent. On 14.01.2022

also the learned counsel for the petitioner was absent and the

learned counsel for the respondent was present.

3. Today also the learned counsel for the petitioner is

absent. Having taken note of the order sheet from 2019 till

date, the learned counsel for the petitioner is not pursuing the

matter inspite of sufficient opportunity is given and the matter is

not admitted. Hence, the petition is dismissed for non-

prosecution. The office is directed to return the records.

Sd/-

JUDGE

MD