[Cites 1, Cited by 0]
Karnataka High Court
Sri Sai Sri Enterprises vs Rajesab S/O Dadusab Kalebag on 10 April, 2026
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2026:KHC-D:5375
CRL.RP No. 100431 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 10TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO.100431 OF 2023
(397(CR.PC)/438(BNSS))
BETWEEN:
SRI SAI SRI ENTERPRISES
(ENGINEER AND DEVELOPERS)
OFFICE AT NO.115, 1ST MAIN ROAD,
KUNDALAHALLI, BROCK FIELD, BENGALURU-560037,
REPRESENTED BY ITS PROPRIETOR,
SRINIVASALU S/O. GOVINDU, AGED ABOUT 45 YEARS,
RESIDING AT NO.28, TIRUMALAPURA,
C.N. PALYA, NAGASANDRA, BENGALURU-560073.
...PETITIONER
(BY SRI. SHRIDHAR H. VEERAPUR, ADVOCATE FOR
SRI. M.S. HALLIKERI, ADVOCATE)
AND:
Digitally signed
by YASHAVANT
NARAYANKAR
RAJESAB S/O. DADUSAB KALEBAG,
Location: HIGH
COURT OF AGED ABOUT 50 YEARS, RESIDING AT TEGGIHALLI,
KARNATAKA
DHARWAD
BENCH
Date:
TQ. SAVANUR, HAVERI DISTRICT-581118.
2026.04.15
10:37:27 +0530 ...RESPONDENT
(BY SRI. A.P. MURARI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION
397 R/W. SECTION 401 OF CR.P.C. SEEKING TO CALL FOR THE
RECORDS AND SET ASIDE THE ORDER OF DISMISSAL PASSED IN
CRIMINAL APPEAL NO.122/2023, PASSED BY THE ADDITIONAL
DISTRICT AND SESSIONS JUDGE, FTSC1, HAVERI DATED 20/10/2023,
AND ALSO SET ASIDE THE JUDGMENT PASSED BY THE CIVIL JUDGE
AND JMFC, SAVANUR, IN C.C.NO.334/2016, OFFENCES PUNISHABLE
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NC: 2026:KHC-D:5375
CRL.RP No. 100431 of 2023
HC-KAR
UNDER SECTION 138 OF NI ACT BY JUDGMENT DATED 09/08/2023
AND ACQUIT THE REVISION PETITIONER IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
Heard the counsel for the revision petitioner and also the
learned counsel appearing for the respondent.
2. This revision petition is filed against the dismissal of
appeal for non-taking of steps. The counsel appearing for the
revision petitioner brought to the notice of this Court a certified
copy of the order passed by the First Appellate Court in
dismissing the Criminal Appeal No.122/2023.
3. On perusal of the order sheet, it is very clear that
notice was ordered on 08.09.2023 returnable by 13.10.2023, but
on 13.10.2023 notice was returned un-served. On the said day,
the counsel was absent and matter was adjourned to 20.10.2023
for taking steps and on the said date also, the counsel remained
absent and steps were not taken and hence the First Appellate
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HC-KAR
Court came to the conclusion that in spite of giving sufficient
time for taking steps, the steps were not taken and hence,
dismissed the appeal.
4. The counsel appearing for the respondent would
submit that on two occasions, none appeared for the appellant
and no steps were taken.
5. Having taken note of the order sheet, it is very clear
that the date was fixed for appearance on 13.10.2023 and on
that day, notice was returned un-served and only one
opportunity was given to the counsel to take steps on
20.10.2023 and on the very same day, the First Appellate Court
dismissed the appeal with an observation that even providing
sufficient time to take steps, the steps are not taken and
dismissed the appeal. It is noticed that no sufficient time was
given and on the very first day of taking of steps itself, the
appeal was dismissed. When such being the case, it is
appropriate to set aside the order of the First Appellate Court
and direct the First Appellate Court to consider the matter on
merits. This Court has also noticed that Criminal Case is of the
year 2016 and almost it is one decade old case that too invoking
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HC-KAR
Section 138 of Negotiable Instruments Act. When such being the
case, it is appropriate to direct the First Appellate Court to
dispose of the appeal within a time bound period of three months
and Hence, this Court proceed to pass the following:
ORDER
i. The revision petition is allowed.
ii. The order impugned is set aside and the matter is
remitted back to the Appellate Court to take up
the matter on 27.04.2026 and both the counsel
appearing for the complainant and the respondent
shall appear before the First Appellate Court on
27.04.2026 without fail.
iii. Registry is directed to send the records to the
Appellate Court forthwith to enable the Appellate
Court to take up the matter on 27.04.2026
without fail, and the Appellate Court is also
directed to dispose of the appeal on merits within
three months from 27.04.2026, since the criminal
case is of the year 2016.
iv. No separate notice is required to be issued to the
parties by the Appellate Court and this order itself
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HC-KAR
would be treated as notice to both the parties and
their respective counsels.
Sd/-
(H.P.SANDESH)
JUDGE
YAN, CT:PA,
LIST NO.: 1 SL NO.: 6
