M/S. R.C.S. Associates vs M/S. Kshipra Industries
2024 Latest Caselaw 3129 Kant

Karnataka High Court

M/S. R.C.S. Associates vs M/S. Kshipra Industries on 1 February, 2024

                                     -1-
                                                     NC: 2024:KHC:4404
                                             CRL.RP No. 702 of 2016




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 1ST DAY OF FEBRUARY, 2024

                                   BEFORE
                     THE HON'BLE MR JUSTICE S RACHAIAH
               CRIMINAL REVISION PETITION NO. 702 OF 2016
            BETWEEN:

            M/S. R.C.S. ASSOCIATES,
            NO. 225, 67TH CROSS,
            5TH BLOCK, RAJAJINAGAR,
            BANGALORE - 560 010,
            REPRESENTED BY ITS PROPRIETOR,
            MR. U.R. RAJKUMAR.
                                                         ...PETITIONER
            (BY SRI. A YOGASREE, ADVOCATE(ABSENT))
Digitally
signed by   AND:
SUDHA S
Location:
HIGH        M/S. KSHIPRA INDUSTRIES,
COURT OF    (MANUFACTURERES OF GRASS BROOMS),
KARNATAKA
            OFFICE AT NO. 3, 1ST CROSS,
            TATA SILK FARM,
            K.R. ROAD,
            BANGALORE - 560 070,
            REPRESENTED BY ITS
            PARTNER MR. HARIPRASAD.
                                                        ...RESPONDENT
            (BY SRI. PRAVEEN KUMAR, ADVOCATE)

                 THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
            PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF
            CONVICTION AND SENTENCE DATED 25.4.2016 PASSED BY
            THE LX ADDL. CITY CIVIL AND S.J., BANGALORE IN
            CRL.A.NO.1190/2015, THEREBY DISMISSING THE APPEAL AND
            CONFIRMING THE PART OF THE JUDGMENT AND ORDER OF
            CONVICTION AND SENTENCE DATED 17.08.2015 PASSED BY
            THE XXV A.C.M.M., BANGALORE CITY IN C.C.NO.7818/2014
            THEREBY CONVICTING THE PETR. FOR THE OFFENCE P/U/S
            138 OF N.I.ACT AND SENTENCING HIM TO PAY FINE OF
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                                               NC: 2024:KHC:4404
                                        CRL.RP No. 702 of 2016




RS.6,50,000/- (RUPEES SIX LAKHS FIFTY THOUSAND ONLY)
WITH DEFAULT CLAUSE.

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

                             ORDER

This Court vide order dated 02.11.2016 suspended

the sentence by imposing conditions that, petitioner shall

deposit 40% of the fine amount before the trial Court

within a period of four weeks from today. The intimation

regarding compliance of the order has not been furnished.

2. Case called out. Neither the learned counsel for

petitioner nor petitioner is present before the Court.

3. On 16.11.2023 this Court imposed the cost of

Rs.500/- payable to Karnataka State Legal Services

Authority. The same has not been complied.

Considering the continuous absence of the petitioner

and his counsel, it appears that, petitioner is not

interested in prosecuting the case. Therefore, it is

appropriate to dismiss the petition for non-prosecution and

for non-compliance of the order dated 16.11.2023.

NC: 2024:KHC:4404

Accordingly, the Revision Petition is dismissed for

non-prosecution.

Sd/-

JUDGE

GPG

CT:SNN