Muthoot Finance Limited vs State Of Karnataka
2023 Latest Caselaw 572 Kant

                                      -1-
                                             CRL.RP No. 1032 of 2018




            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 9TH DAY OF JANUARY, 2023

                                   BEFORE
                    THE HON'BLE MR JUSTICE R. NATARAJ
             CRIMINAL REVISION PETITION NO. 1032 OF 2018
            BETWEEN:

            MUTHOOT FINANCE LIMITED
            HEAD OFFICE AT COCHIN OF KERALA STATE,
            INTER ALIA BRANCH OFFICE AT
            SAUNDATTI BRANCH, CTS NO.778 & 779,
            OLD BUS STAND ROAD,
            SAUNDATTI,
            BELGAUM-591126
            BRANCH MANAGER AND
Digitally   POWER OF ATTORNEY HOLDER
signed by
SUMA        MR. KIRAN RAMACHANDRA BATTENNAWAR
Location:   AGED ABOUT 28 YEARS.
HIGH
COURT OF
KARNATAKA
                                                       ...PETITIONER

            (BY SRI. AMIT DESHPANDE, ADVOCATE)

            AND:

            1.   STATE OF KARNATAKA
                 BY BARKE P.S. MANGALORE
                 D.K., REP. BY SPP
                 HIGH COURT OF KARNATAKA,
                 BENGALURU.

            2.   MR GIRISH PRABHU
                 AGED ABOUT 43 YEARS
                 S/O LATE SRIKARA PRABHU
                 R/AT G-1, SHARAVATHI APARTMENT,
                 M.G. ROAD, 3RD CROSS
                             -2-
                                   CRL.RP No. 1032 of 2018




    KODIAL GUTTU EAST
    MANGALORE-575 003.

                                           ...RESPONDENTS
(BY SRI. KRISHNA KUMAR K.K. HCGP FOR R1;
    R2-SERVED)

      THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W 401 OF CR.P.C. PRAYING TO ALLOW THE
REVISION PETITION BY SETTING ASIDE THE JUDGMENT AND
ORDER DATED 24.07.2018, IN UNNUMBERED APPEAL ON THE
FILE OF PRINCIPAL DISTRICT JUDGE, MANGALURU.

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

                         ORDER

This revision petition is filed challenging the order

dated 24.07.2018 passed by the Principal District Judge,

Dakshina Kannada, Mangaluru, in unnumbered criminal

appeal.

2. A Criminal Case in C.C.No.13/2015 was

registered for trial of the accused for the offences

punishable under Sections 457 and 380 of IPC. The trial

court acquitted the accused by its Judgment dated

10.07.2017. It directed interim custody of M.O-1 in favour

CRL.RP No. 1032 of 2018

of the complainant/PW-1. This order of the trial court

handing over custody of M.O-1 to the complainant was

challenged by the petitioner in a belated criminal appeal

before the Sessions Court. An application filed for

condonation of delay was considered and rejected by the

Sessions Court on the ground that the petitioner was

negligent and not bonafide in filing a belated appeal.

Being aggrieved by the same, the present revision petition

is filed.

3. Notice of the petition was served to the

respondent No.2 herein who was the complainant.

However he has not entered appearance. Be that as it

may, delay of 45 days was occasioned due to the reasons

mentioned in the affidavit accompanying the application

for delay, which is reasonable and probable and deserves

to be accepted. The Sessions Court ought to have been

liberal in considering the question of condonation of delay.

CRL.RP No. 1032 of 2018

This court therefore finds it appropriate to condone the

delay in filing the appeal before the Sessions Court.

4. Consequently, this Revision Petition is allowed

and the impugned order dated 24.07.2018 passed by

Sessions Court in unnumbered criminal appeal is set aside.

The case is remitted back to the Sessions Court which

shall consider the unnumbered appeal in accordance with

law and dispose it of in accordance with law, after hearing

the respondent No.2.

Sd/-

JUDGE

SBN