Shivadas J vs M.Narayanaswamy
2024 Latest Caselaw 15869 Kant

Karnataka High Court

Shivadas J vs M.Narayanaswamy on 4 July, 2024

Author: V Srishananda

Bench: V Srishananda

                                           -1-
                                                       NC: 2024:KHC:25308
                                                    CRL.RP No. 60 of 2020




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 4TH DAY OF JULY, 2024
                                         BEFORE
                       THE HON'BLE MR JUSTICE V SRISHANANDA
                  CRIMINAL REVISION PETITION NO. 60 OF 2020 (397)


                 BETWEEN:
                 SHIVADAS J
                 S/O SUKUMAR,
                 AGED ABOUT 45 YEARS,
                 R/AT NO.141, MYLASANDRA,
                 R.V.C.E POST, BENGALURU-560059

                 SHIVADAS J.
                 E.NO.30727107, DEPOT W3150,
                 BOSCH (MICO) LTD., PBNO.3000,
                 HOSUR ROAD, ADUGODI,
                 BENGALURU-560030.
                                                            ...PETITIONER
                 (BY SRI. CHANDRAHASA RAI B., ADVOCATE - ABSENT.)
                 AND:
                 M. NARAYANASWAMY
                 S/O MUNISHAMANNA
Digitally
signed by        AGED ABOUT 50 YEARS,
REKHA R          R/AT NO.10/2, 1ST 'B' MAIN ROAD,
Location: High   GANGANAGARA, BANGALORE-560032
Court of
Karnataka                                                  ...RESPONDENT
                 (BY SRI. S.VENKATESH., ADVOCATE)
                       THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC PRAYING
                 TO SET ASIDE THE JUDGMENT CONVICTION AND SENTENCE
                 PASSED BY THE XIII ADDITIONAL CHIEF METROPOLITAN
                 MAGISTRATE BENGALURU PASSED IN C.C.NO.24354/2016
                 DATED 24.01.2018 CONVICTING THE APPELLANT FOR AN
                 OFFENCE P/U/S.138 OF NI ACT AND SENTENCING HIM TO PAY
                 A FINE OF RS.4,15,000/- AND IN DEFAULT TO UNDERGO
                 S.I.SIX MONTHS ETC.
                                    -2-
                                                  NC: 2024:KHC:25308
                                               CRL.RP No. 60 of 2020




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

                              ORDER

None present on behalf of revision petitioner.

2. This revision petition came to be filed on

15.10.2019 challenging the order of conviction passed in

C.C.No.24354/2016 confirmed in Crl.A.No.299/2018 where

under the accused was convicted for the offence

punishable under Section 138 of Negotiable Instruments

Act, 1881 and ordered to pay a fine of Rs.4,15,000/-

(Rupees Four lakhs fifteen thousand only) of which

Rs.4,05,000/- (Rupees Four lakhs and five thousand only)

was ordered to be paid as compensation to the

complainant.

3. After obtaining the interim order of suspension

of sentence, the order sheet depicts that the revision

petitioner is not diligent in proceeding with the matter on

merits. Even on the last date of hearing when the matter

was listed on 05.04.2024, there is no representation and

NC: 2024:KHC:25308

in the interest of justice, this Court has granted one more

opportunity to the revision petitioner to proceed with the

matter on merits.

4. Since there is no representation on behalf of

the revision petitioner even today, the revision petition

stands dismissed for non-prosecution.

Sd/-

JUDGE

SSD