C. Nagesh vs Smt. Leelavathi
2022 Latest Caselaw 12517 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 17TH DAY OF OCTOBER 2022

                             BEFORE

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

    CRIMINAL REVISION PETITION No. 1049 OF 2022

BETWEEN:

C.Nagesh,
S/o Chikkaramaiah,
Aged about 38 years,
Residing at No.101,
Near KEB Office,
Shanimahathma Temple Road,
Anjana Nagar,
Heorohalli,
Bangalore- 560091.
                                                   .. Petitioner

 ( By Sri. Kumara L., Advocate )

AND:

Smt. Leelavathi,
W/o Puttaraju,
Aged about 50 years,
Residing at No.176,
ITI Layout,
Above Sreedevi Computers,
Malathalli,
Nagarabhavi, 2nd Stage,
Bangalore- 560056.
                                                .. Respondent

       This Criminal Revision Petition is filed under Sections 397
read with Section 401 Cr.P.C. praying to set aside the impugned
judgment and order dated 29.05.2018 in C.C.No.5314/2014
                                                     Crl.R.P.No.1049/2022
                                  2


passed by the Hon'ble Court of 16th ACMM, Bangalore and its
confirmation impugned order dated 07.12.2021 passed in
Crl.A.1165/2018 by LVIII Additional City Civil and Sessions
Judge    (CCH-59),    Bangalore   and   to   call     for   records   in
C.C.No.5314/2014 on the file of the Hon'ble Court of 16th
ACMM, Bangalore and in Crl.A.No.1165/2018 on the file of the
LVIII Additional City Civil and Sessions Judge at (CCH-59),
Bangalore and to pass such other order/s as this Hon'ble Court
deems fit under the above facts and circumstances of the case
in the ends 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 for the petitioner either physically or

through video conference.

2. A perusal of the order sheet would go to show

that, in spite of granting several and sufficient

opportunities, even as a last chance and for not less than

four times, the petitioner has not complied the office

objections.

Crl.R.P.No.1049/2022

3. On 10.10.2022, this Court had made the

following observations:

"At the request of learned counsel for the petitioner, who is present physically in the Court, as a last chance, four days time is granted to comply the office objections.

It is made clear that, non-compliance of office objections within four days, would lead this Court to pass appropriate orders in the matter, including dismissal of the petition for non-compliance of office objections.

In case the office objections are not complied with within the time granted as above, list this matter on 17.10.2022."

4. Though normally the criminal revision petition

would not be generally dismissed for non-prosecution,

however, the present case is the one wherein the

petitioner has challenged the confirmation of his conviction

for the offence punishable under Section 138 of Negotiable

Instruments Act, 1881, and in view of the fact that in spite

of granting sufficient opportunities, the petitioner has

neither complied the office objections nor shown any

reason for non-appearance today, the petition stands Crl.R.P.No.1049/2022

dismissed for non-compliance of office objections as well

as non-prosecution.

Sd/-

JUDGE

SKS