In a Criminal Revision Petition where the petitioner's counsel failed to appear or provide reasons, the Court imposed a cost and granted a final opportunity to comply with office objections. The petition subsequently stood dismissed for non-compliance.
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IN THE HIGH COURT OF KARNATAKA, AT BENGALURU DATED THIS THE, 18TH DAY OF AUGUST , 2022
BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL REVISION PETITION NO 636 OF 2021
BETWEEN
M/S ARIATEX GARMENTS PVT LTD REP. BY ITS MANAGING DIRECTOR RANJITH PILLAI, OFFICE AT NO.351, 4TH MAIN ROAD, 9TH CROSS, 4TH PHASE PEENYA, BENGALURU 560013. RANJITH S PHILLAI, R/AT FLAT NO.1, 1097, PRESTIGE KENSINGTON GARDEN, NO.17, HMT MAIN ROAD, JALAHALI BENGALURU-560013.
...Petitioner
(By Sri./Smt : SHIVARAJA AKKONI ADV)
AND
M/S GANESH TEMPO SERVICE REP. BY ITS PROPRIETOR. MR.S.S RAJEGOWDA S/O SIDDEGOWDA, AGED ABOUT 44 YEARS, NEAR OLD KEB OFFICE, T DASARAHALLI, BENGALURU - 560072.
Respondent
CRL.RP FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT PASSED IN CRL.A.NO.1534/2019 PASSED BY THE LXXV ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY BY CONFIRMING THE CONVICTION ORDER DATED 25.01.2021 AND SENTENCE PASSED IN C.C.NO.7060/2015 DATED 15.06.2019 BY THE XXVI A.C.M.M., AT BENGALURU.
THIS CRIMINAL REVISION PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT PASSED THE FOLLOWING:
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ORDER
Called again in the afternoon.
Learned counsel for the petitioner neither present physically nor through video conference. No reasons are forthcoming for his nonappearance.
A perusal of the order sheet would go to show that in spite of granting several and sufficient opportunities of not less than five times including the opportunities of final and last chance, the petitioner has not complied the office objections, as such, though the petition could have been dismissed for non-compliance of office objections, however, in the best interest of justice, imposing cost of a sum of Rs.1,000/- (Rupees One Thousand Only) payable by the petitioner to the Legal Services Committee of this Court, within a period of four days from today and filing a compliance memo along with receipt to that effect in the registry, within the said period, as an ultimate opportunity, a week's time is granted.
It is made clear that, in case the office objections are not complied with within the said period, after payment of cost, the petition shall stand dismissed for non-compliance of office objections without any further orders from this Court.
Note :- As per the endorsement made in the order sheet dated : 12.10.2022 the Advocate for the Petitioner has not complied with the office objections. Hence, this Criminal Revision Petition No. 636/2021 stand dismissed as per the Court order dated : 18.08.2022.
R – By:- VM C – BY :- DM T – By :- SK
SD/ASSISTANT REGISTRAR
COPY
M/S Ariatex Garments Pvt Ltd
M/S Ganesh Tempo Service
H.B. Prabhabhara Sastry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
