- 1 - NC: 2025:KHC:2485 CRL.RP No. 743 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 743 OF 2024 BETWEEN: 1. MRS. JAYA P. VISHWANATHAN D/O GANGADHARAN AGED ABOUT 53 YEARS MAMBRA HOUSE, KOTAPURAM ALANGAND POST (VIA) ALUVA ERNAKULAM DISTRICT KERALA STATE-683511 …PETITIONER (BY SRI. MISHA THOMAS, ADVOCATE – THROUGH V.C.) AND: 1. MRS. GRETTA SERRAO W/O LEO SERRAO R/AT JANATHA COLONY KANA, SURATHKAL POST MANGALORE TALUK DAKSHINA KANNADA DISTRICT-575014. …RESPONDENT THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE COMMON ORDER DATED 23.04.2013 PASSED IN CRL.A.NO.65/2012 AND 66/2012 ON THE FILE OF THE HON’BLE 1ST ADDL. DISTRICT AND SESSIONS COURT, DAKSHINA KANNADA, MANGALORE AND TO SET ASIDE THE ORDER DATED 08.02.2012 PASSED IN C.C.NO.159 AND 160 OF 2010 ON THE FILE OF THE HON’BLE THE JUDICIAL MAGISTRATE FIRST CLASS-V AT MANGALORE. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2485 CRL.RP No. 743 of 2024 THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER 1. Heard The learned counsel for revision petitioner. 2. This matter is listed for consideration of I.A.No.1/2024 and there is a delay of 3278. In support of the application, an affidavit is sworn to that there is nominal delay of 3278 days in filing of the above petition and the revision petitioner was laid up due to back bone continuously treating on complete bed rest. Thereafter December-2019 onwards, faced another occurrence of Covid-19 pandemic disease on that period also around complete lock down and traveling restrictions. In that situations he could not follow up the case with lawyer and the said delay is neither intentional nor malafide and hence prayed this Court to condone the delay. 3. Having considered the grounds the grounds in the affidavit and also it is mentioned as nominal delay and - 3 - NC: 2025:KHC:2485 CRL.RP No. 743 of 2024 having perused the records, it discloses that the petitioner has not lead any evidence before the Trial Court and order impugned is convicting the petitioner for the offence punishable under Section 138 of N.I Act directing to pay fine of Rs.5,75,000/- and when the said order is passed on 08.02.2012 and no doubt immediately after the conviction and sentence, an appeal is filed in Crl.A.No.65/2012 and Crl.A.No.66/2012, when the same is disposed on 23.04.2013, the present revision petition is filed after lapse of 10 years and delay has not been explained properly and only stated that suffering from back ache and also due to corona, he could not meet the counsel. When the order was passed in the year 2013 itself and covid-19 pandemic affected in the year 2020 all over the nation and there is no any explanation from 2013 to 2020 and even after corona period also no steps was taken to challenge the same. The reasons assigned in the affidavit is bald statement made and it is stated that there is a nominal delay of 3278 days cannot be accepted. In order to condone the delay of 3278 days, no need to issue notice to - 4 - NC: 2025:KHC:2485 CRL.RP No. 743 of 2024 the respondent also for the delay period is concerned. Hence, the counsel not made out any ground to condone the delay and no reason is also made out to issue notice and hence, I.A.No.1/2024 is dismissed. Consequently, the revision petition is dismissed. 4. In view of dismissal of the appeal, I.As., if any do not survive for consideration, the same stands disposed of. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 59