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2025 DAILYLAW 13132 (KAR)

D K JAYANNA v. SRI MANJEGOWDA

CRL.RP/106/2022 · 2025-02-18

H P Sandesh

body2025

Judgment text

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- 1 - NC: 2025:KHC:7116 CRL.RP No. 106 of 2022 C/W CRL.RP No. 101 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.106 OF 2022 C/W CRIMINAL REVISION PETITION NO.101 OF 2022 IN CRL.RP NO.106/2022: BETWEEN: 1. D.K.JAYANNA, S/O KULLEGOWDA, AGED ABOUT 46 YEARS, R/AT DORANAHALLI VILLAGE, DUNDANAYAKANAHALLI POST, KASABA HOBLI, HASSAN DISTRICT-573201. …PETITIONER (BY SRI. JAGADEESH H.T., ADVOCATE) AND: 1. SRI. MANJEGOWDA, S/O JUNJEGOWDA, AGED ABOUT 74 YEARS, R/AT HYARANE VILLAGE, AGILE POST, KATTAYA HOBLI, HASSAN TALUK AND DISTRICT-573201. …RESPONDENT (BY SRI. SHESHADRI B.T., ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 25.10.2021 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN IN CRL.A.NO.368/2019 AND CONFIRMING THE JUDGMENT AND ORDER DATED 19.11.2019 Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7116 CRL.RP No. 106 of 2022 C/W CRL.RP No. 101 of 2022 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND J.M.F.C., HASSAN IN C.C.NO.1558/2016 AND ALLOW THIS CRL.RP WITH COSTS THROUGHOUT. IN CRL.RP NO.101/2022: BETWEEN: 1. D.K. JAYANNA, S/O KULLEGOWDA, AGED ABOUT 46 YEARS, R/AT DORANAHALLI VILLAGE, DUNDANAYAKANAHALLI POST, KASABA HOBLI, HASSAN DISTRICT-573201. ...PETITIONER (BY SRI. JAGADEESH H.T., ADVOCATE) AND: 1. SRI. MANJEGOWDA, S/O JUNJEGOWDA, AGED ABOUT 74 YEARS, R/AT HYARANE VILLAGE, AGILE POST, KATTAYA HOBLI, HASSAN TALUK AND DISTRICT-573201. ...RESPONDENT (BY SRI. SHESHADRI B.T., ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 25.10.2021 PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN IN CRL.A.NO.369/2019 AND CONFIRMING THE JUDGMENT AND ORDER DATED 19.11.2019 PASSED BY THE III ADDL.CIVIL JUDGE AND J.M.F.C AT HASSAN IN C.C.NO.2316/2016 AND ALLOW THIS PETITION WITH COSTS THROUGHOUT. THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:7116 CRL.RP No. 106 of 2022 C/W CRL.RP No. 101 of 2022 CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER These two revision petitions are listed for admission. This Court vide order dated 06.10.2023 taken note of the non- deposit of 50% of the fine amount as directed and given liberty to the respondent to execute the order and subsequently on 20.01.2024, the learned counsel for the petitioner made the submission that part payment is made to the respondent and sought for short accommodation to pay the balance amount. Hence, the matter was adjourned. 2. The learned counsel for the respondent submits that the order of suspension has not been complied and even not made any part payment as submitted. 3. When this matter was listed on 08.04.2024, none appeared, however it was ordered to list the matter after summer vacation 2024. On 30.07.2024 also, none appears before the Court. Today, the learned counsel for the petitioner submits that the order has not been complied and part payment has not been made. - 4 - NC: 2025:KHC:7116 CRL.RP No. 106 of 2022 C/W CRL.RP No. 101 of 2022 4. The learned counsel for the respondent submits that when the order has not been complied and not paid any part payment as submitted, the question of considering the matter on merits does not arise. 5. Having taken note of that the order of this Court has not been complied with, the question of considering the matter does not arise and there is a concurrent finding by the Trial Court and the Appellate Court. Hence, no grounds to keep the matters pending. Both the criminal revision petitions are dismissed. The Registry is directed to send back the records forthwith, if any, received. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 48