IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR CRIMINAL REVISION PETITION NO. 948 OF 2014 Between:
M/s Jwalamalini Computech No.38/8-1, II Block, 8th Main, Banashankari I Stage, Srinagar, Bengaluru-560 050 Represented by its Proprietor Sri.Ajay Jain,No.8/1, II floor, IV Main, Hanumanthanagar, Bengaluru-560 019.
…Petitioner (By Sri.Keshav R.Agnihotri, Advocate - Absent) And:
M/s Navakar Computer Gallery, No77/78, I Floor, Batavia Chambers, SP Road, Bengaluru-560 040 Represented by its Proprietor Sri.Ramesh Jain. …Respondent (By Sri. N.Srinivas, Advocate) This Criminal Revision Petition is filed under Section 397 read with Section 401 Cr.P.C praying to set aside both judgments dated 10.04.2014 passed in C.C.No.23127/2009 by the XV-ACMM Court, Bengaluru and also the Judgment dated 23.09.2014 passed in Crl.A.No.455/2014 by the Presiding Officer, Fast Track Court-II, Bengaluru and dismiss the private complaint filed by the respondent in C.C.No.23127/2009 on the file of the XV-ACMM Court, Bengaluru and allow the Crl.A.No.455/2014 filed by the petitioner on the file of the Presiding Officer, Fast Track Court-II, Bengaluru and allow the above Revision Petition of the petitioner.
This Criminal Revision petition coming on for Admission, this day, the Court made the following:
ORDER This Revision Petition appears to have been posted for admission consequent to order dated 28.04.2016 passed in this petition by recalling the order dated 7.10.2015.
2. Learned counsel for the respondent requests for issuing warrant for securing the presence of the petitioner. I do not think that the warrant can be issued as it is his duty to appear before the court having filed the petition. Counsel for the petitioner is also absent. For the absence of the petitioner, the only course left open is to dismiss the petition for non-prosecution. Therefore, petition is dismissed.
Sd/- JUDGE NS