N Venkatesh vs B M Uttappa
2024 Latest Caselaw 26792 Kant

Karnataka High Court

N Venkatesh vs B M Uttappa on 8 November, 2024

Author: V Srishananda

Bench: V Srishananda

                                           -1-
                                                     NC: 2024:KHC:45316
                                                 CRL.RP No. 207 of 2022




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 8TH DAY OF NOVEMBER, 2024

                                      BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  CRIMINAL REVISION PETITION NO.207 OF 2022


            BETWEEN:

            1.    N VENKATESH
                  S/O LATE NARAYANAPPA
                  AGED ABOUT 52 YEARS
                  R/AT NO.1, 4TH CROSS
                  J.K. HALLI, MAIN ROAD,
                  VARANASI
                  BENGALURU -560 016
                                                          ...PETITIONER
            (BY SRI NAGARAJA N, ADVOCATE -ABSENT)
            AND:]

            1.    B M UTTAPPA
                  S/O LATE B.P. MONAPPA
                  AGED ABOUT 61 YEARS
                  R/AT NO.6, CAUVERY NILAYA,
Digitally         NEXT TO MORE SHOP
signed by         R.M. NAGARA MAIN ROAD
MALATESH
KC                BENGALURU -560016
Location:                                                ...RESPONDENT
HIGH        (BY SRI NARAYANA K, ADVOCATE -ABSENT)
COURT OF
KARNATAKA        THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
            CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF
            CONVICTION AND SENTENCE PASSED BY THE LEARNED XXXIII
            ACMM, BANGALORE PASSED IN C.C.No.53201/2016 DATED
            14.10.2020 CONVICTING THE PETITIONER/ACCUSED FOR THE
            OFFENCE P/U/S 138 OF N.I ACT AND CONFIRMED IN
            CRL.A.No.25157/2020     DATED      30.12.2021    AND
            CONSEQUENTLY     AND    CONSEQUENTLY     ACQUIT  THE
            PETITIONER/ACCUSED FOR THE OFFENSE P/U/S 138 OF N.I
            ACT.
                                  -2-
                                               NC: 2024:KHC:45316
                                          CRL.RP No. 207 of 2022




    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:       HON'BLE MR JUSTICE V SRISHANANDA


                           ORAL ORDER

Case called twice. None present on behalf of the revision

petitioner. Even on the earlier dates of hearing there is no

representation. This Court in the interest of justice, called for

the Trial Court Records to find out any merits relating to the

case.

2. On perusal of the Trial Court Records, it is seen that

the accused has suffered an order of conviction for the offence

punishable under Section 138 of Negotiable Instruments Act,

confirmed by the First Appellate Court.

3. Order sheet depicts that the revision petitioner is

not interested in prosecuting the matter diligently. Revision

petition itself is of the year 2022, not yet admitted.

4. Taking note of the same, revision petition stands

dismissed for no prosecution.

Sd/-

(V SRISHANANDA) JUDGE

MR