Mandya Pipe Centre vs Smt. Shakunthala C Menda
2022 Latest Caselaw 12855 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 4TH DAY OF NOVEMBER 2022

                             BEFORE

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

      CRIMINAL REVISION PETITION No.1013 OF 2016

BETWEEN:

1.     Mandya Pipe Centre
       No.14, 1st Floor,
       4th Cross,
       Lalbhagh Road,
       Bangalore-560 025
       Represented by its Proprietor
       Sri Virendra N Dhoshi.

2.     Mr. Virendra N Doshi
       S/o Nandlal Doshi,
       Aged 60 years,
       No.238, Shiyana,
       13th Cross, Vakil Garden City,
       Thalaghatpura,
       Kanakpura Main Road,
       Bangalore-560 069.

3.     Mr.Hemanshu D Sanghvi
       S/o Dhirajlal Sanghvi,
       Aged 55 years,
       No.1401, 14th Floor,
       Manthri Tranquil Apartments,
       Kanakpura Road,
       Gubala,
       Bangalore-62.                    .. Petitioners

 ( By Sri Vinod Kumar M., Advocate )
                                               Crl.R.P.No.1013/2016
                                2


AND:

Smt. Shakunthala C Menda
W/o C.K.Menda,
Aged about 60 years,
No.34/1, Nanjappa Road,
Shanthi Nagar,
Bangalore-560 027.

Since deceased Rep. by LRs

       1(a) Chatru Kishindas Menda
            S/o Kishindas,
            Age: 75 years.

       1(b) Mukesh Chatru Menda
            S/o Chatru Kishandas Menda,
            Age:49 years.

       1(c) Krishne Lalit Kalati
            D/o Chatru Kishindas Menda,
            Age: 47 years.

       1(d) Shyam Chatru Menda,
            S/o Chatru Kishindas Menda,
            Age: 44 years.

            All are residing at No.34/1,
            Nagappa Road,
            Near New Shanti Sagar,
            Bengaluru-560 027.
                                                .. Respondents
    ( By Sri Thejesh P., Advocate )


      This Criminal Revision Petition is filed under Section 397
and Section 401 Cr.P.C. praying to Call for the entire records of
C.C.No.4622/2012, pending in the file of the Hon'ble XIX
Additional Chief Metropolitan Magistrate, at Bangalore and
Crl.Appeal No.651/2015 passed by the LXIX Additional District
and Sessions Judge at Bangalore and to set aside the
judgment/order of conviction dated 06.04.2015 passed in
                                               Crl.R.P.No.1013/2016
                               3


C.C.No.4622/2012 by the Hon'ble XIII Additional Chief
Metropolitan Magistrate, Mayohall Unit, Bangalore and the
judgment dated 20.07.2016 passed by the LXVIII Additional
District and Sessions Judge at Bangalore, in Crl.Appeal
No.651/2015 and acquit the petitioners from the offence
punishable under Section 138 of Negotiable Instruments Act.

      This Criminal Revision Petition is coming on for Orders
through Physical Hearing/Video Conferencing Hearing, this day
the Court made the following:

                            ORDER

Learned counsel for the petitioner is neither present

physically or through Video Conference.

2. Learned counsel for the respondents alone is

physically present in the Court.

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

the parties had shown their inclination to settle the matter,

however, till date, no application under Section 147 of

Negotiable Instruments Act, 1881, seeking permission to

compound the offence punishable under Section 138 of

N.I.Act has been filed in the matter. The criminal case is

of the year 2012, as such, ten years old matter and the

present revision petition itself is six years old.

Crl.R.P.No.1013/2016

In the light of the above, since the petitioner is not

evincing any interest to appear and proceed further in the

mater, the Criminal Revision Petition stands dismissed for

non-prosecution.

Sd/-

JUDGE

bk/