Mohsin Khan Doula vs Rams Enterprises
2022 Latest Caselaw 13028 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 15TH DAY OF NOVEMBER 2022

                            BEFORE

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

       CRIMINAL REVISION PETITION No.332 OF 2021

BETWEEN:

1.     Mohsin Khan Doula,
       S/o Late Doula Khan,
       Age about 47 years,
       R/at No.9/1,
       2nd Floor, 1st Cross Road,
       Marappa Garden, J.C.Road,
       Bangalore-560 006.

2.     Asim Khan,
       S/o Late Doula Khan,
       Age about 41 years,
       R/at No.9/1,
       2nd Floor, 3rd Cross Road,
       Marappa garden, J.C.Road,
       Bangalore-560 006.                 .. Petitioners

 ( By Sri Mohammed Tahir, Advocate )

AND:

Rams Enterprises,
No.302, Eden Park, 20,
Vittal Mallya Road,
Bangalore-560 001
Rep. by its Manager,
And authorised representative
Mr.Manoj G.                              .. Respondent
                                                 Crl.R.P.No.332/2021
                                2


       This Criminal Revision Petition is filed under Sections 397
and 401 Cr.P.C. praying to call for the records in criminal case
No.51487/2017 and records concerning the impugned order
dated 21.09.2019 on the file of XV Addl. Small Causes Judge
and XXIII ACMM, Court of Small Causes, Mayohall Unit at
Bangalore, and set aside the judgment dated 21.09.2019
passed by the XV Addl. Small Causes Judge and XXIII ACMM,
Court of Small Causes, Mayohall Unit at Bangalore in Criminal
Case No.51487/2017 convicting the petitioner/Accused for the
offence punishable under Section 138 of Negotiable Instuments
Act, 1881 Act at Annexure-A and set aside the order passed in
Criminal Appeal No.25295/2019, dated 23.01.2021 by the
Hon'ble 26th Addl.City Civil and Sessions Judge at Bangalore at
Annexure-B and consequently discharge the petitioners/accused
and grant such other relief/s as this Hon'ble Court deems fit and
proper under the circumstances of the case in the interest of
justice and equity.

      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 the matter either physically or

through Video Conference.

2. On 07.11.2022, this Court has made the following

observation :

" As an ultimate chance, four days time is granted to comply with office objections, however, on a cost of `500/- payable by the petitioners to the Legal Services Committee of this Court within two days from today and filing a compliance memo along with receipt in the registry within the said period.

Crl.R.P.No.332/2021

If the office objections are not complied with within the said time, registry to list this matter on 15.11.2022."

In spite of the above, the petitioner has neither

complied the office objections nor shown any reasons

for non-compliance of office objections. Though a

criminal petition would not be generally dismissed for

non-prosecution, however, this matter is still at the

stage of compliance of office objections and not yet

ripened for first hearing.

Hence, the Criminal Revision Petition stands

dismissed for non-compliance of office objections, as well

as for non-prosecution.

Sd/-

JUDGE

bk/