Sri. N Venkatesh vs Sri. Dayal B Ahuja
2024 Latest Caselaw 11733 Kant

Karnataka High Court

Sri. N Venkatesh vs Sri. Dayal B Ahuja on 28 May, 2024

Author: V Srishananda

Bench: V Srishananda

                                        -1-
                                                    NC: 2024:KHC:17769
                                                CRL.RP No. 831 of 2019




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 28TH DAY OF MAY, 2024

                                      BEFORE
                     THE HON'BLE MR JUSTICE V SRISHANANDA
                  CRIMINAL REVISION PETITION NO. 831 OF 2019
              BETWEEN:
              SRI. N. VENKATESH,
              S/O LATE SRI. NARASIMHAIAH,
              AGED ABOUT 59 YEARS,
              R/AT NO.10/1, 23-D MAIN,
              2ND CROSS, J.P. NAGAR II STAGE,
              BENGALURU - 560 078.
                                                         ...PETITIONER
              (BY SRI. K. ABHINAV ANAND, ADVOCATE (RETIRED);
                  SRI. N. VENKATESH, PETITIONER (DEAD) )

              AND:
              SRI. DAYAL B. AHUJA,
              S/O LATE BHAGAVANDAS AHUJA,
              AGED ABOUT 64 YEARS,
Digitally
signed by R   R/AT NO.203, II FLOOR,
MANJUNATHA    GULABAHAR APARTMENT,
Location:
HIGH COURT    HARE KRISHNA ROAD,
OF            NEAR KARNATAKA FILM CHAMBER,
KARNATAKA
              BENGALURU - 560 001.
                                                        ...RESPONDENT
              (BY SRI. JEEVAN K, ADVOCATE)

                   THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
              PRAYING TO SET ASIDE THE JUDGMENT OF DISMISSAL OF THE
              CRL.A.NO.175/2018 PASSED BY THE 55th ADDITIONAL CITY
              CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-56) DATED
              18.06.2019 PRODUCED AT ANNEXURE-A AND FURTHER BE
              PLEASED TO CALL FOR RECORDS IN C.C.NO.21653/2013 FROM
                                  -2-
                                           NC: 2024:KHC:17769
                                       CRL.RP No. 831 of 2019




THE COURT OF THE LEARNED XXIII A.C.M.M., BANGALORE
AND EXAMINE THE CORRECTNESS AND LEGALITY OF THE
JUDGMENT OF CONVICTION DATED 05.01.2018 PRODUCED AT
ANNEXURE-B, AND SET ASIDE THE SAME AND FURTHER BE
PLEASED TO ALLOW THIS CRL.RP AND ACQUIT THE ACCUSED
OF THE ALLEGED OFFENCE U/S 138 OF N.I ACT.

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

A memo is filed on 23.01.2024 by the learned

counsel for the revision petitioner seeking permission to

retire from the case.

2. The notice intending to retire from the case has

been returned with an endorsement 'petitioner is no

more'. Under such circumstances, learned counsel for the

revision petitioner is permitted to retire from the case and

in the absence of taking appropriate steps to bring the

legal representatives of the revision petitioner and since,

the revision petitioner is the accused, revision petition is

dismissed.

Sd/-

JUDGE KAV List No.: 1 Sl No.: 17/CT: BHK