Karnataka High Court
Sri Vinod vs Sri B S Panneerselvam on 12 October, 2022
Bench: Dr.H.B.Prabhakara Sastry
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL REVISION PETITION NO.1057 OF 2018
BETWEEN:
Sri. Vinod
S/o. K. Sukumaran
Aged about 40 years,
R/at No.12,
Sri Sapthagiri Nivasa,
2nd Floor, 6th Cross,
Kalyana Nagar,
Near Abhiman Gym,
T. Dasarahalli,
Bengaluru - 560 057.
..Petitioner
(By Sri. V.R. Balaraj, Advocate)
AND:
Sri. B.S. Panneerselvam
S/o. Singaravelu,
Aged about 54 years,
R/at No.24, Santosh Nagar,
Near Ayyappa School,
T. Dasarahalli,
Bengaluru - 560 057.
.. Respondent
(By Sri. S.N. Mahesh, Advocate)
****
Crl.R.P.No.1057/2018
2
This Crl.R.P. is filed under Section 397 and Section 401 of the
Code of Criminal Procedure, 1973, with the following prayer:
" WHEREFORE, the petitioner respectfully prays that this
Hon'ble Court may be pleased call for the records on the file of
learned XVIII Addl. Chief Metropolitan Magistrate, Bengaluru
city, in C.C.No.19817/2013 and the learned LXII Addl. City Civil
and Sessions Judge, Bengaluru (CCH-63) in Criminal appeal
No.476/2017; Further be pleased to set aside the impugned
judgment dated 08.03.2017 passed by the learned XVIII Addl.
Chief Metropolitan Magistrate, Bengaluru City in
C.C.No.19817/2013 produced at Annexure A and the judgment
dated 31.08.2018 passed by the learned LXII Addl. City Civil
and Sessions judge, Bengaluru (CCH-63) in Crl.Appeal
No.476/2017 produced at Annexure-B, and pass such other
appropriate order or judgment as deemed fit to pass under the
facts and circumstances of the case in the interest of justice
and equity.
This Crl.R.P. coming on for Admission, through Physical
Hearing/Video Conferencing Hearing this day, the Court made
the following:
ORDER
Called again in the fourth round.
None appear in the matter either physically or through
video conference. No reasons are forthcoming for the non-
appearance of the learned counsel for the petitioner.
Crl.R.P.No.1057/2018
This is a revision petition filed by the petitioner
challenging the confirmation of his conviction for the offence
punishable under Section 138 of the negotiable Instruments
Act, 1881.
A perusal of the order sheet would go to show that, as
long back as on 15-12-2018 itself, the learned counsels
from both side had made a submission that the matter has
been settled between the parties and that they have filed an
application reporting settlement. Registry was directed to
verify the application and to place the same for
consideration. However, the registry vide its office note
dated 30-07-2022, i.e. three and a half years after the
order dated 15-12-2018, made its submission that no such
application has been filed so far by the parties. Thereafter
the matter was listed on 03-08-2022, on which day, there
was no representation from the petitioner's side. Again on
15-09-2022 also, the learned counsels from both side had
remained absent. Thereafter, when the matter was taken
up today in three rounds, there was no representation
Crl.R.P.No.1057/2018
from either side. It clearly goes to show that the petitioner
is not interested in prosecuting the matter.
In view of the above, the revision petition stands
dismissed for non-prosecution.
Sd/-
JUDGE
BMV*
