Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4304 CRL.RP No. 1280 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.1280 OF 2023 BETWEEN:
SRI. GIRIYAPPA S/O. THIMMAIAH, AGED ABOUT 52 YEARS, RESIDING AT NO.90, CHANDRAPPA CIRCLE, HARIJANA COLONY, CHUNCHANAGUPPE POST, TAVAREKERE HOBLI, BANGALORE SOUTH TALUK, BANGALORE-562 130. …PETITIONER (BY SRI NAGANNA C N, ADVOCATE) AND:
SMT. GAYATHRI JOSHI. M W/O. M. V. JOSHI, AGED ABOUT 41 YEARS, RESIDING AT NO.54, 4TH MAIN, POSTAL COLONY, SANJAYANAGAR, BANGALORE-560 094. …RESPONDENT
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC PRAYING TO SET ASIDE THE ORDER AND JUDGMENT
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:4304 CRL.RP No. 1280 of 2023
PASSED BY THE HONBLE ADDL.CIVIL JUDGE AND J.M.F.C AT MAGADI IN C.C.NO.148/2015 D.D 13.02.2017 AND AS ACTING UNDER SEC.255(2) OF CR.PC THE ACCUSED IS HEREBY CONVICTED FOR THE OFFENCE P/U/S 138 OF N.I ACT AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.P.SANDESH
ORAL ORDER
Heard on I.A.No.1/2023 which is filed for condonation of delay of 1411 days in filing this revision petition.
2. This revision petition is filed against the concurrent finding passed against this petitioner by both the Courts. The reasons assigned in the affidavit filed in support of the application to condone the delay in filing the petition that due to inconvenience caused to the petitioner and he was suffering from jaundice and taken native treatment and also due to pandemic COVID-19, he could not filed the revision petition in time.
3. Having perused the impugned
order of Crl.A.No.6/2017, it discloses that the said appeal was
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NC: 2025:KHC:4304 CRL.RP No. 1280 of 2023
disposed of on 13.03.2018. But the fact that from 2018 to 2020 i.e., till pandemic COVID-19, no reasons are assigned for not filing this revision petition. Even though stated that the petitioner caused inconvenience that he was suffering from jaundice, from 2020 onwards also no reasons are assigned for not filing the revision petition in time since SOP for COVID-19 was for a limited period and thereafter also not filed the petition and this revision petition is filed only in the month of September, 2023. When such reasons are assigned in the application and the same are not satisfactory, the question of issuance of notice also does not arise in view of inordinate delay in filing the petition. Hence, I.A.No.1/2023 is dismissed, consequently, the revision petition is also dismissed.
Sd/- (H.P.SANDESH) JUDGE
SN