IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.7623/2018 BETWEEN:
MOHAMMED ESANULLA KHAZI S/O LATE MOHAMMED KHALEEMULLA AGED ABOUT 40 YEARS R/A NO.8, 1ST FLOOR 2ND CROSS, CHURCH ROAD BASAVANAGUDI BANGALORE 560 004 ... PETITIONER (BY SRI. SYED QUALEELULLA QUADRI, ADVOCATE- ABSENT) AND:
S.R.SANNSHETTI S/O LATE RANGASHETTY AGED ABOUT 57 YEARS R/AT NO.43/1, 1ST FLOOR, 1ST CROSS, OPP.MILAN PLYWOOD GODOWN MAHADESHWARANAGAR VISWANEEDAM POST BANGALORE 560 079 ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 11.10.2017 PASSED BY THE HON’BLE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-57) IN CRL.A.NO.789/2017 AND RESTORE THE CASE AND PERMIT THE PETITIONERS TO CONTEST THE CASE ON MERIT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This Court on 06.11.2018 while issuing notice to respondent, has ordered costs of Rs.2,000/- being deposited before Registrar General. Same has not been complied as per the note made by the Registry and subsequently, time came to be granted for furnishing process fee and payment of costs on 07.01.2019 and 18.01.2019, petitioner has neither paid process fee for issuance of notice to respondent nor deposited Rs.2,000/- as ordered.
2. Even today, when the matter was called in the pre-lunch session, none appears. it was passed over. Again, matter is called at 4.15 p.m.. There is no representation on behalf of petitioner. Costs have not been paid. This would clearly indicate lack of interest of the petitioner in prosecuting this petition. Hence, criminal petition stands dismissed for non- prosecution.
SD/- JUDGE