Karnataka High Court
Sri Murthy vs Sri Naganna on 29 February, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:8496
CRL.RP No. 546 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO. 546 OF 2022
BETWEEN:
1. SRI MURTHY
AGED ABOUT 48 YEARS,
S/O ANJANEYA REDDY,
R/AT NO.95, 4TH CROSS,
THIMMRAYA GOWDA EXTENSION
DATTATHREYA ROAD,
BSK 3RD STAGE, ITTADADU
BENGALURU - 560 073
MOBILE: 82964-95481
...PETITIONER
(BY SRI UPENDRA KUMAR M., ADVOCATE [ABSENT])
AND:
Digitally signed
by SHARANYA T 1. SRI NAGANNA
Location: HIGH AGED ABOUT 48 YEARS,
COURT OF
KARNATAKA R/AT NO.24/2, FIFTY FEET ROAD,
THIMMARAYA GOWDA EXTENSION
BSK THIRD STAGE, ITTADADU
BENGALURU - 560 085
MOBILE: 94488-34266
...RESPONDENT
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER PASSED
BY THE LVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (CCH-57) IN CRL.A.NO.250/2020 ON 04.01.2022
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NC: 2024:KHC:8496
CRL.RP No. 546 of 2022
AND TO SET ASIDE THE JUDGMENT AND ORDER OF
CONVICTION PASSED BY THE XII ADDL. AND ACMM (SCCH-8)
IN CC No.985/2018 DATED 13.01.2020 AND ACQUIT THE
PETITIONER HEREIN FOR THE OFFENCE PUNISHABLE UNDER
SECTION 138 OF N.I.ACT BY ALLOWING THIS CRIMINAL
REVISION PETITION.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This revision petition was filed on 30.03.2022. This
Court granted two weeks time to comply with the office
objections on 04.04.2022. When the matter was listed for
admission, this Court on 20.07.2022 suspended the
sentence subject to depositing of 50% of the fine amount
including the amount already deposited if any in the Trial
Court and also directed to execute the bond and also
ordered to issue emergent notice to the respondent.
Inspite of suspension of sentence, matter is listed before
this Court on 18.11.2022, but the counsel has not taken
steps and this Court made it clear that, if steps are not
NC: 2024:KHC:8496
taken within a day, the Court would proceed to pass
appropriate order including vacating the interim order
dated 20.07.2022 and also directed the Registry if steps
are not taken, list the matte on 23.11.2022. When the
matter listed on 23.11.2022, none appear for the
petitioner and this Court made it clear that still the Court
granted him some more time to do the needful, but no
steps are taken and interim order dated 20.07.2022 also
vacated on 23.11.2022. Even after that also, when the
matter listed on 12.12.2023 no representation on behalf of
the petitioner and as a last chance, this Court granted a
week's time to do the needful and even when the matter
listed on 03.01.2024, this Court again granted one week's
time to furnish the P.F and petition copy to issue emergent
notice to the respondent as a last chance. Once again
when the matter listed on 12.01.2024, this Court again
granted one week time to do the needful.
2. Having perused the order sheet, after the
suspension of sentence, the counsel for revision petitioner
has not pursued the matter and even not paid P.F when
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the matter for taking steps on several occasions. Hence, I
do not find any ground to grant time once again. Hence,
the revision petition is dismissed for non-taking of steps.
Sd/-
JUDGE
RHS
