IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.7304 OF 2014 BETWEEN:
VENKATESHA S/O. KARIGOWDA AGED 61 YEARS POSTMAN, SHANKADA KOPPALU SHANKA POST, SALAGAME HOBLI HASSAN TALUK – 573 201 …PETITIONER (BY SRI. RAVISHANKAR, ADVOCATE) AND:
SRI. R.L. KRISHNEGOWDA S/O. LATE LACHMEGOWDA AGED 63 YEARS R/O. JAYANAGARA 1ST STAGE, HASSAN – 573 201 ...RESPONDENT (BY SRI. C. MUDDURAJ, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 23.04.2014 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN IN CRL. A. NO.210/2013 AND RESTORE CRIMINAL APPEAL NO.210/2013 ON THE FILE OF THE II ADDL. DIST AND S.J., HASSAN AND FURTHER REMAND THE MATTER TO FIRST APPELLATE COURT FOR DISPOSING THE APPEAL AFTER HEARING OF PETITIONER COUNSEL AND RESPONDENT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioner and learned counsel for respondent.
2. Petitioner is aggrieved by the order dated 23.04.2014, in Criminal Appeal No.210/2013 whereby appeal filed by petitioner/accused is dismissed for not taking steps for service of notice on the respondent.
3. The order sheet in Criminal Appeal No.210/2013 indicates that on receiving the appeal, interim order was passed, directing petitioner herein to deposit 50% of the fine amount within one month and to execute bond with one surety.
4. Learned counsel for the petitioner submits that in obedience of the said order, 50% of the fine amount is already deposited before the first Appellate Court and it is only on account of the counsel failing to take note of the date, he could not appear before the Court.
5. Having regard to the above circumstances, in my view, opportunity is required to be afforded to the petitioner to substantiate the contentions urged in the appeal. Hence, in the larger interest of justice, order dated 23.04.2014 is quashed. Criminal Appeal No.210/2013 is restored to file. Since counsel has already entered appearance for respondent/complainant, parties are directed to appear before the first Appellate Court on 4.4.2019 without any further notice.
6. Since the matter is of the year 2007, the trial Court shall endeavour to dispose of the appeal as expeditiously as possible within six months from the date of communication of the order.
Petition stands allowed in terms of the above order.
Sd/- JUDGE AN/-