Sri Murthy vs Sri Naganna

Type Court Judgment Court Karnataka Orders Decided Feb 29, 2024

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Citation: sooperkanoon.com/1888008
Court: Karnataka Orders High Court
Judge: H.P.Sandesh
Decided On: Feb 29, 2024
Case Number: CRL.RP/546/2022

Parties & Advocates

Appellant / Petitioner

Sri Murthy

Respondent

Sri Naganna

Excerpt

.....(cch-57) in crl.a.no.250/2020 on 04.01.2022 -2- 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:orderthis 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 -3- taken within a day, the court would proceed to passappropriate order including vacating the interim orderdated 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 thesuspension.....

Full Judgment

-1-
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 -2- 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 -3- 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 -4- 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 List No.: 1 Sl No.: 4

Same Court & Year Karnataka Orders · 2024 Same Parties Sri Murthy vs Sri Naganna Same Judge H.P.Sandesh