IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5814 OF 2013 BETWEEN:
SMT. INDIRAMMA W/O SOMACHARI, AGED ABOUT 43 YEARS, R/O BETTADAPURA VILLAGE & POST, BETTADAPURA HOBLI, PERIYAPATTANA TALUK-571107.
(BY SRI: VINAYAK R. ADV., FOR MOHD USMAN SHAIKH, ADVOCATE) ... PETITIONER AND:
SRI. B.K. MAHESHA S/O POST MASTER KRISHNA, AGED ABOUT 29 YEARS, R/O HAMPAPURA VILLAGE & POST, H.D.KOTE TALUK, MYSORE.DISTRICT-570001.
... RESPONDENT THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 4.12.2012 PASSED IN C.C.NO.654/2010 BY THE C.J. (JR. DN.) AND J.M.F.C., PERIYAPATNA AND MAY BE PLEASED TO SET ASIDE THE JUDGMENT DATED 22.6.2013 PASSED BY THE IV ADDL. S.J., MYSORE IN CRL.R.P.NO.334/2012 AND MAY BE PLEASED TO RESTORE THE C.C.NO.654/2010 FOR TRIAL AS PER LAW.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Acknowledgment for having served hand summons to the respondent is not filed.
This matter is pending since 2013. The respondent is not yet served. The petitioner herein filed a complaint under Section 138 of N.I.Act before the Magistrate. The complaint was dismissed under Section 258 Cr.P.C. As against the said order, the petitioner preferred criminal revision petition No.334/2012 under Section 397 Cr.P.C.. The petition was dismissed by the impugned order dated 22.06.2013 as not maintainable, inspite of which, the petitioner has not chosen to file an appeal. On account of dismissal of the complaint, the order passed by the trial Court amounts to acquittal of the accused, against which the petitioner was required to prefer an appeal. Since the petitioner has failed to take any steps to present an appeal till date, no purpose would be served in keeping the petition on file. Hence, the petition is dismissed.
Sd/- JUDGE *mn/-