In a criminal revision petition under Section 397 CrPC challenging an order of conviction under Section 138 NI Act, the High Court of Karnataka dismissed the petition for non-prosutation due to the petitioner's absence when called twice for admission.
Petition dismissed for non-prosution.
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.
CRL.RP No. 1152 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL REVISION PETITION NO. 1152 OF 2018
BETWEEN:
SRI. T. VENKTACHALAIAH AGED ABOUT 59 YEARS, S/O THIMMAIAH, NO.159/J, RAILWAY QUARTERS, YESHAWANTAPURA, BANGALORE-560022.
…PETITIONER
(BY SRI. YUGANDHAR J., ADVOCATE - ABSENT)
AND:
SRI. D. BALAJI AGED ABOUT 40 YEARS, S/O DILLI, NO.69/A, RAILWAY QUARTERS, YESHAWANTAPURA, BANGALORE-560022.
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
…RESPONDENT
(BY SRI. P.NEHRU, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE ORDER OF CONVICTION AND SENTENCE DATED 03.01.2017 PASSED BY THE LEARNED XII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CTIY IN C.C.NO.28122/2014, CONVICTING AND SENTENCING THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 138
CRL.RP No. 1152 of 2018
OF N.I.ACT AND CONFIRMED BY THE LEARNED LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-53) BY HIS JUDGMENT AND ORDER DATED 15.09.2018 IN CRIMINAL APPEAL NO.99/2017 AND TO ACQUIT THE PETITIONER/ACCUSED BY DISMISSING THE COMPLAINT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
There is no representation for the petitioner though the petition is called twice in the day.
Hence, this revision petition is dismissed for non-
prosecution.
Sd/JUDGE
PMR
List No.: 1 Sl No.: 26
1 issue framed by the court
Whether the criminal revision petition should be allowed for supervision on merits given the absence of the petitioner and no representation filed.
1 provisions across 1 enactments
SRI. T. VENKTACHALAIAH
SRI. D. BALAJI
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
