IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR.JUSTICE ASHOK S.KINAGI CRIMINAL RP NO.231 OF 2017 BETWEEN:
K SHANKAR S/O KANNAPPA AGED ABOUT 41 YEARS PROP:SRI DHANALAKSHMI ELECTRICALS BASAVESHWARA NAGARA, SOWLANGA ROAD (NITTUR COMPLEX), SHIVAMOGGA R/O DHANALAKSHMI COCONUT GARDEN SEVALAL NAGAR, (RAGIGUDDA) SHIVAMOGGA. …PETITIONER [BY SRI. MANJUNATHA P V, ADVOCATE (ABSENT)] AND:
SMT LALITHAMMA W/O BASAVARAJAPPA AGED ABOUT 43 YEARS RUNNING LALITHAMMA SHOP PROVISION STORES R/O TRIMURTHI NAGARA, 1ST CROSS (CHIKKAMATTI) NAVULE POST, WARD NO.2 SHIVAMOGGA-577 201. ….RESPONDENT (RESPONDENT SERVED) THIS CRIMINAL RP IS FILED UNDER SECTION 397 READ WITH 401 CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT/ORDER DT.16.9.2016 PASSED BY THE III ADDITIONAL DISTRICT & SESSIONS JUDGE, SHIVAMOGGA IN CRL.A.NO. 150 OF 2014 & ALSO THE JUDGMENT/ORDER DATED 5.6.2014 PASSED BY THE JMFC-II COURT, SHIVAMOGGA IN C.C.NO.603 OF 2011.
THIS CRIMINAL RP IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This Court vide order dated 02.03.2017 allowed I.A.2 of 2017 wherein the conviction and sentence passed by the trial Court and confirmed by the First Appellate Court was suspended subject to petitioner depositing the cheque amount within two weeks with this Court.
2. Inspite of the said order, it is noticed that the petitioner has not deposited the amount. Case was listed before the court on 25.6.2018, 17.7.2018, 18.8.2018 and 27.9.2018. On all these occasions, there was no representation for the petitioner. Today also the case was called twice. There is no representation for the petitioner and as per the order dated 2.3.2017, cheque amount has not been deposited till today. This shows that petitioner is not interested in prosecuting the petition. Hence, the criminal revision petition is dismissed for non-prosecution.
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JUDGE rs