Allowed

Muthoot Finance Limited v. State of Karnataka

Karnataka HC9 Jan 2023CRL.RP/1032/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka condoned a 45-day delay in filing a belated criminal appeal. Consequently, the impugned order setting aside the appeal was set aside, and the case remitted to the Sessions Court to consider the appeal after hearing the complainant.

What did the court decide?

Condoned delay of 45 days; set aside Sessions Court order; case remitted to Sessions Court to consider appeal after hearing respondent No.2.

Muthoot Finance Limited Vs State of Karnataka — Civil Procedure and Limitation | Karnataka HC (2023)

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CRL.RP No. 1032 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ

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CRIMINAL REVISION PETITION NO. 1032 OF 2018

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BETWEEN:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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MUTHOOT FINANCE LIMITED HEAD OFFICE AT COCHIN OF KERALA STATE, INTER ALIA BRANCH OFFICE AT SAUNDATTI BRANCH, CTS NO.778 & 779, OLD BUS STAND ROAD, SAUNDATTI, BELGAUM-591126 BRANCH MANAGER AND POWER OF ATTORNEY HOLDER MR. KIRAN RAMACHANDRA BATTENNAWAR AGED ABOUT 28 YEARS.

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…PETITIONER

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(BY SRI. AMIT DESHPANDE, ADVOCATE)

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AND:

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STATE OF KARNATAKA

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BY BARKE P.S. MANGALORE D.K., REP. BY SPP HIGH COURT OF KARNATAKA, BENGALURU.

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MR GIRISH PRABHU AGED ABOUT 43 YEARS S/O LATE SRIKARA PRABHU R/AT G-1, SHARAVATHI APARTMENT, M.G. ROAD, 3^RD CROSS

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CRL.RP No. 1032 of 2018

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KODIAL GUTTU EAST MANGALORE-575 003.

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…RESPONDENTS

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(BY SRI. KRISHNA KUMAR K.K. HCGP FOR R1; R2-SERVED)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. PRAYING TO ALLOW THE REVISION PETITION BY SETTING ASIDE THE JUDGMENT AND ORDER DATED 24.07.2018, IN UNNUMBERED APPEAL ON THE FILE OF PRINCIPAL DISTRICT JUDGE, MANGALURU.

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THIS CRIMINAL REVISION PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This revision petition is filed challenging the order

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dated 24.07.2018 passed by the Principal District Judge, Dakshina Kannada, Mangaluru, in unnumbered criminal appeal.

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A Criminal Case in C.C.No.13/2015 was

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registered for trial of the accused for the offences punishable under Sections 457 and 380 of IPC. The trial court acquitted the accused by its Judgment dated 10.07.2017. It directed interim custody of M.O-1 in favour

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CRL.RP No. 1032 of 2018

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of the complainant/PW-1. This order of the trial court handing over custody of M.O-1 to the complainant was challenged by the petitioner in a belated criminal appeal before the Sessions Court. An application filed for condonation of delay was considered and rejected by the Sessions Court on the ground that the petitioner was negligent and not bonafide in filing a belated appeal. Being aggrieved by the same, the present revision petition is filed.

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Notice of the petition was served to the respondent No.2 herein who was the complainant. However he has not entered appearance. Be that as it may, delay of 45 days was occasioned due to the reasons mentioned in the affidavit accompanying the application for delay, which is reasonable and probable and deserves to be accepted. The Sessions Court ought to have been liberal in considering the question of condonation of delay.

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CRL.RP No. 1032 of 2018

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This court therefore finds it appropriate to condone the delay in filing the appeal before the Sessions Court.

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Consequently, this Revision Petition is allowed and the impugned order dated 24.07.2018 passed by Sessions Court in unnumbered criminal appeal is set aside. The case is remitted back to the Sessions Court which shall consider the unnumbered appeal in accordance with law and dispose it of in accordance with law, after hearing the respondent No.2.

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Sd/JUDGE

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SBN

Muthoot Finance Limited v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Muthoot Finance Limited v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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