Criminal Revision Petition filed under S. 397/401 Cr.P.C. to quash acquittal in cheque dishonour case. Dismissed for non-compliance of trivial office objections and non-prosecution due to petitioner's absence.
The petition stands dismissed for non-compliance of office objections and non-prosecution. Interim stay application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE 2022
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL REVISION PETITION No.407 OF 2020
BETWEEN:
SMT S. RANI, W/O SHEKAR AGED ABOUT 47 YEARS, R/AT NO.488, 13TH CROSS 7TH MAIN, RAJENDRA NAGAR KORAMANGALA II STAGE BENGALURU-560 034
(BY SRI.HIREMATH PRAVEENKUMAR APPAYYA, ADVOCATE)
AND:
SMT. SAROJAMMA (DECEASED) W/O MURTHY R/AT NO.378, 13TH CROSS, 7TH MAIN RAJENDRA NAGARA SLUM KORMANGALA II STAGE, BANGALORE-560 047 (SINCE DECEASED REP. BY LEGAL HEIR)
W/O MURTHY AGED ABOUT 52 YEARS, R/AT NO.378, 13TH CROSS, 7TH MAIN RAJENDRA NAGARA SLUM KORMANGALA II STAGE BANGALORE-560 047
...RESPONDENT
Crl.R.P.No.407/2020. 2
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C. PRAYING TO QUASH AND SET ASIDE THE IMPUGNED JUDGMENT DATED 02.05.2017 ON THE FILE OF XIX ADDL.C.M.M., BENGALURU IN C.C.NO.28566/2014 AND CONSEQUENTLY ACQUIT THE PETITIONER/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT AND CONSEQUENTLY QUASH AND SET ASIDE THE IMPUGNED JUDGMENT DATED 02.12.2019 PASSED BY THE LXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.A.NO.826/2017.
THIS CRIMINAL REVISION PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
None appear for the petitioner either physically or through video conference.
A perusal of the order sheet would go to show that in this petition of the year 2020, in spite of granting several and sufficient opportunities for not less than five times including the adjournment by imposing cost, the petitioner has neither complied office objections nor shown any reasons for non-compliance of office objections.
A perusal of the order sheet would go to show that
as many as ten office objections are yet to be complied and all of them appears to be very trivial office objections
Crl.R.P.No.407/2020. 3
requiring no longer time to comply. Hence, the petition stands dismissed for non-compliance of office objections and also for non-prosecution.
In view of disposal of the main petition, I.A.No.1/2020 filed for stay does not survive for
consideration.
Sd/JUDGE
TL
Smt S. Rani
Smt. Sarojamma (Deceased)
W/O Murthy
Dr. Justice H.B. Prabhakar Sastry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
