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2025 DAILYLAW 31407 (KAR)

SRI N GANGOJI RAO v. SRI KUMAR J

CRL.RP/1152/2023 · 2025-02-01

H P Sandesh

body2025

Judgment text

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- 1 - NC: 2025:KHC:4745 CRL.RP No. 1152 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.1152 OF 2023 BETWEEN: SRI N GANGOJI RAO S/O NAGESH RAO, AGED ABOUT 45 YEARS, R/AT NO 333/H, 9TH ‘K’ MAIN ROAD, VIJAYANAGAR PIPE LINE BENGALURU - 560049 …PETITIONER (BY SRI MANJUNATHA A C, ADVOCATE) AND: SRI KUMAR J S/O JAYARAM, AGED ABOUT 42 YEARS, R/AT NO 38, 2ND CROSS, CHIKKASWAMY LAYOUT, JARAGANAHALLI, J.P.NAGAR, 6TH PHASE, BENGALURU - 560078 …RESPONDENT (BY SRI B R VISWANATH, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 12.05.2023 PASSED IN CRL.APPEAL NO.2157/2019 BY THE COURT OF THE LVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-57) AND ETC. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4745 CRL.RP No. 1152 of 2023 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.P.SANDESH ORAL ORDER The counsel for the petitioner has not paid the cost of Rs.5,000/- imposed by this Court vide order dated 25.01.2025. This Court on 25.01.2025 observed that the counsel for the petitioner is absent and order sheet dated 16.10.2024 reveals that none appeared for the petitioner on the said date. On 19.11.2024, the matter was called twice and none appeared. However, in the interest of justice, one more opportunity was granted to the counsel for the petitioner on payment of cost of Rs.5,000/- and also made it clear that if the counsel for the petitioner does not appear on the next date of hearing and fails to pay the cost, the petition will be dismissed. 2. Today, the counsel for the petitioner seeks time to pay the cost. The counsel for the respondent submits that suspension order was not complied even though the - 3 - NC: 2025:KHC:4745 CRL.RP No. 1152 of 2023 sentence was suspended by this Court vide order dated 10.10.2023 directing to deposit 50% of the fine amount. The counsel for the petitioner also not having any information regarding compliance of order dated 10.10.2023. On perusal of the Trial Court records, it discloses that after lapse of one year also, 50% of the fine amount was not deposited. Hence, it is clear that the order dated 10.10.2023 is not complied. Hence, no ground to adjourn the matter. Accordingly, the revision petition is dismissed for non-compliance of orders dated 10.10.2023 and 25.01.2025. Sd/- (H.P.SANDESH) JUDGE SN