IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.159/2019 BETWEEN:
LOKESH T S/O THIRUMALAPPA AGED ABOUT 42 YEARS NO.38, 6TH CROSS KODIHALLI, NARAYANAMMA LANE, HAL 2ND STAGE BENGALURU – 560 008.
... PETITIONER (BY SMT. SHWETHA RAVISHANKAR., ADVOCATE) AND:
A. THIMMA REDDY S/O VENKATARAMANAPPA AGED ABOUT 44 YEARS R/AT NO.1/1/672 R.K. NAGAR, ANANTHPURAM ANDRAPRADESH.
... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET ASIDE THE ORDER IN CRL.RP.NO.569/2017 PASSED BY THE LEARNED LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY (CCH-67) VIDE ORDER DATED:20.10.2018 BY ALLOWING THIS PETITION.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed for quashing of the order dated 20.10.2018 passed in Crl.R.P.No.569/2017 whereunder learned Revisional Judge while examining the order of trial Judge dismissing the complaint filed under Section 200 of Cr.P.C. r/w Section 138 of Negotiable Instruments Act, 1881, for non prosecution, has opined that cause shown by the complainant for non appearance on the date fixed was acceptable and being satisfied with the cause shown, has set aside the order of dismissal passed by trial Court and restored the complaint to the file of learned trial Judge with a direction to both parties to appear before trial Court on 19.11.2018 without waiting for further notice. Said order is under challenge in this petition.
2. Having regard to the above stated facts, this Court is of the opinion that discretion exercised by the Revisional Court is based on the sound appreciation of facts and it does not call for interference. This Court finds no ground to entertain this petition. Hence, criminal petition is rejected.
In view of petition having been rejected, I.A.No.1/2019 for stay does not survive for consideration and it is rejected.
SD/- JUDGE DR