Sri. A N Pandurangan vs Sri. T G M Nagaraj
2024 Latest Caselaw 9461 Kant

Karnataka High Court

Sri. A N Pandurangan vs Sri. T G M Nagaraj on 1 April, 2024

                                         -1-
                                                 CRL.A No.1113 of 2019
                                                    NC: 2024:KHC:13041




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 1ST DAY OF APRIL, 2024

                                      BEFORE
                        THE HON'BLE MS JUSTICE J.M.KHAZI
                        CRIMINAL APPEAL NO.1113 OF 2019
               BETWEEN:

                  SRI. A N PANDURANGAN
                  S/O LATE A C NANJUNDA SETTY
                  R/O NO.44, GROUND FLOOR
                  I CROSS, GOWRAV NAGAR, J P NAGAR,
                  7TH PHASE, BENGALURU - 560 078
                                                            ...APPELLANT
               (BY SRI. SAGAR B B & SRI. SANDEEP KUMAR K S, ADVOCATES)

               AND:

                  SRI. T G M NAGARAJ
                  AGED ABOUT MAJOR
                  S/O NOT KNOWN TO THE PETITIONER
                  R/O D.NO.51, MITRA ENCLAVE
                  FLAT NO.102, 2ND CROSS
                  GOWRAV NAGAR, J P NAGAR
Digitally         7TH PHASE, BENGALURU
signed by                                               ...RESPONDENT
MADHURI S
Location:           INITIALLY, CRIMINAL REVISION PETITION UNDER
High Court     SECTION 397 R/W 401 OF CR.P.C. WAS FILED PRAYING TO
of Karnataka
               SET ASIDE THE ORDER DATED 16.02.2018 PASSED BY THE XVI
               ADDITIONAL    CHIEF    METROPOLITAN   MAGISTRATE    AT
               BENGALURU      IN   C.C.NO.25789/2015  AND    RESTORE
               C.C.NO.25789/2015 ON THE FILE OF XVI ADDITIONAL CHIEF
               METROPOLITAN MAGISTRATE AT BENGALURU IN THE
               INTEREST OF JUSTICE AND EQUITY.

                    VIDE ORDER DATED 06.06.2019, CRIMINAL REVISION
               PETITION NO.1474/2018 WAS CONVERTED AS CRIMINAL
               APPEAL AND NUMBERED AS CRIMINAL APPEAL NO.1113/2019.
                              -2-
                                      CRL.A No.1113 of 2019
                                          NC: 2024:KHC:13041




    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

Learned counsel for the appellant is present and

prays for three days time.

2. Initially, this appeal was filed by complainant as

Criminal Revision Petition challenging the order dated

16.02.2018 dismissing the complaint filed by him for non

prosecution.

3. Vide order dated 06.06.2019, complainant was

permitted to convert the Criminal Revision Petition into

Criminal Appeal. However, the complainant has failed to

file memorandum of appeal along with application for

special leave and application for condonation of delay.

Therefore, office objections were raised to that effect.

4. From 03.09.2019 till date, several opportunities

were given to the complainant to comply with office

objections.

NC: 2024:KHC:13041

5. Infact on 13.01.2022, a conditional order is

passed stating that "At request, finally, two weeks' time is

granted to do the needful, failing which, the appeal shall

stand dismissed".

6. After that, the case is coming before the Court

today. Despite lapse of more than five years from the date

of petition and two years from the date of order dated

13.01.2022, needful is not done. It appears appellant is

not interested in prosecuting the appeal.

Hence, appeal is dismissed for default.

Sd/-

JUDGE

MDS