Sri Balakrishna vs Sri Sachidananda M.V
2023 Latest Caselaw 88 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 2ND DAY OF JANUARY, 2023

                       BEFORE

       THE HON'BLE MR. JUSTICE R. NATARAJ

  CRIMINAL REVISION PETITION NO.165 OF 2017

BETWEEN:

SRI. BALAKRISHNA
S/O LATE T.NANJUNDA RAO,
AGED ABOUT 46 YEARS,
PROP:PAVITRA CHATTERS AND PAVITRA HOTEL,
OPP:GANDHI PARK,
BALARAJ URS ROAD,
SHIVAMOGGA CITY-577 413.
                                            ...PETITIONER

(BY SRI. HANUMANTHARAYA D., ADVOCATE (ABSENT))

AND:

SRI. SACHIDANANDA M.V.
S/O MALUR VENKATAPPA,
AGED ABOUT 74 YEARS,
PROP: GOPI STORES,
GOPI CIRCLE, NEHRU ROAD,
SHIVAMOGGA CITY-577413.
                                           ...RESPONDENT
(BY SRI. B.S.PRASAD, ADVOCATE)

      THIS PETITION IS FILED UNDER SECTION 397 READ
WITH 401 OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT
OF CONVICTION AND SENTENCE IN C.C.NO.970/2014 DATED
09.02.2015 PASSED BY THE JUDICIAL MAGISTRATE FIRST
CLASS-II, SHIVAMOGGA AND FURTHER SET ASIDE THE
JUDGMENT IN CRL.A.NO.76/2015 DATED 02.08.2016 PASSED
BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT
SHIVAMOGGA UPHOLDING THE JUDGMENT OF TRIAL COURT IN
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CC.NO.970/2014 OFFENCE PUNISHABLE UNDER SECTION 138
OF NEGOTIABLE INSTRUMENT ACT.

      THIS PETITION COMING ON FOR FINAL DISPOSAL THIS
DAY, THE COURT MADE THE FOLLOWING:


                           ORDER

There is no representation for the petitioner.

The order sheet discloses that the learned counsel

for the petitioner had persistently submitted that the

matter is settled and sought time to report a settlement. It

is seen from the order sheet that even on 19.09.2022, the

counsel for petitioner was not present even though the

petition was called twice in the day.

Even today there is no representation for the

petitioner, though it was called thrice.

In view of the above, the petition is dismissed for

non-prosecution.

Sd/-

JUDGE PMR