The High Court dismissed the criminal revision petition against a conviction under Section 138 of the Negotiable Instruments Act due to non-prosecution after multiple adjournments.
The criminal revision petition was dismissed for non-prosecution.
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 10TH DAY OF OCTOBER 2022
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL REVISION PETITION No.802 OF 2018
BETWEEN:
K.Shankar Naik, S/o Late K.Manjunath Naik, Aged about 67 years, M/s.Sri.Ganesh Travels, No.50, Nagasandra Circle, Basavanagudi, Bangalore 04. .. Petitioner
( By Sri K.Lakshmikanth, Advocate )
AND:
K.R.Sampath, S/o Late K.R.Ramaswamy Iyengar, Aged about 50 years, Residing at No.4234, 2nd Cross, Behind Seetha Circle Petrol Bunk, 4th Phase, Girinagar, Bangalore-85. .. Respondent
( By Sri H.N.Basavaraju, Advocate )
This Criminal Revision Petition is filed under Section 397 read with Section 401 of Cr.P.C. praying to call for the records in C.C.No.20218/2015, on the file of learned 18th Addl.Chief Metropolitan Magistrate, Bangalore and in Crl.Appeal No.6/2017, on the file of LXVIII Addl.City Civil and Sessions
Crl.R.P.No.802/2018 2
Judge, CCH-69, at Bangalore, and set aside the order dated 03.12.2016 passed in C.C.No.20218/2015, on the file of learned 18th Addl.Chief Metropolitan Magistrate, Bangalore and confirmed by the order dated 22.06.2018 in Crl.Appeal No.6/2017, by the learned LXVIII Addl.City Civil and Sessions Judge, CCH-69, at Bangalore in the interest of justice.
This Criminal Revision Petition is coming on for Admission through Physical Hearing/Video Conferencing Hearing, this day the Court made the following:
ORDER
None appear in this matter either physically or through Video Conference.
at the stage of admission. A perusal of the order sheet would go to show that on 24.06.2022, learned counsel for the petitioner had submitted that the parties have already settled the matter and that they are inclined to file an application under Section 147 of Negotiable Instruments Act, 1881. As such, a week's time as prayed was granted.
Crl.R.P.No.802/2018 3
submitted that the settlement could not be arrived at between the parties and prayed for a short accommodation.
Crl.R.P.No.802/2018
4
matter, the revision petition which is filed by the accused challenging his confirmation of conviction for the offence punishable under Section 138 of N.I.Act, dismissed for non-prosecution.
JUDGE
bk/
1 issue framed by the court
Whether to allow a criminal revision petition filed under Section 397 and 401 CrPC challenging a conviction under Section 138 of the Negotiable Instruments Act, 1881.
3 provisions across 2 enactments
K.Shankar Naik
K.R.Sampath
H.B.Prabhakar Swamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
