Rudraiah v. Suresh M. Badigera
Case brief
What is this about?
Dismissal for non-prosecution of a criminal revision petition (Ss.397/401 Cr.P.C.; cf. 438 BNSS) before the High Court of Karnataka at Bengaluru (V Srishananda J., 02.04.2026). Petitioner Rudraiah and his advocate were absent at the final hearing and on the previous date when the case was called twice. The petition had challenged a S.138 N.I. Act conviction (C.C.No.285/2018, J.M.F.C.-II Court, Davanagere, 10.03.2021; fine Rs.5,05,000/- with default S.I. six months) confirmed by the I Addl. District & Sessions Judge, Davanagere in CRL.A.No.22/2021 (17.05.2022). Merits not considered; useful only as an instance of dismissal for non-prosecution, not for any legal proposition.
What did the court decide?
Taking note that none appeared for the petitioner at the final hearing and that there was no representation even on the last date of hearing when the case was called two times, and that the underlying Trial Court matter is of the year 2018, the Single Judge dismissed the criminal revision petition for non-prosecution; the merits of the S.138 N.I. Act conviction and its appellate confirmation were not adjudicated.