- 1 - NC: 2025:KHC:7658 CRL.RP No. 1677 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 1677 OF 2023 BETWEEN: ADITYA BAL AGED ABOUT 45 YEARS S/O RAKESH BAL R/A B 801, CENTRAL PARK, SECTOR 42 HARYANA-122 002 …PETITIONER (BY SRI. ARUN GOVINDRAJ, ADVOCATE) AND: ELENA MILYAKOVA BAL, AGED ABOUT 38 YEARS, W/O ADITYA BAL, R/O 12/2 (A/1), STEPHENS ROAD, 1ST FLOOR, FRAZER TOWN BENGALURU-560 005. ALSO AT NO.301 SRI RESIDENCY, 4/15, 50 FEET ROAD, BENGALURU - 560 094 …RESPONDENT (BY SMT. GEETA MENON, ADVOCATE) THIS CRL.RP IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE JUDGMENT PASSED ON 11.09.2023 IN CRL.A.NO.2524/2019 BY THE LXIIIV ADDITIONAL Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7658 CRL.RP No. 1677 of 2023 CITY CIVIL AND SESSIONS JUDGE (CCH-64), BENGALURU (ANNEXURE-A) AND REMAND THE MATTER BACK TO THE LXIIIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-64), BENGALURU FOR FRESH CONSIDERATION CLUB BOTH THE APPEALS i.e. CRL.A.NO.2451/2019 FILED BY THE PETITIONER BEFORE LV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-56), BENGALURU (ANNEXURE-G1) AND CRL.A.NO.2524/2019 FILED BY THE RESPONDENT BEFORE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-64), BENGALURU AND FOR COMMON HEARING AND DISPOSAL (ANNEXURE-H1). THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.P.SANDESH ORAL ORDER Heard learned counsel for the revision petitioner and learned counsel for the respondent. 2. This Revision Petition is filed against the order of the Appellate Court and learned counsel for the revision petitioner would contend that the Appellate Court disposed of the matter even when the appeal filed by the revision petitioner was pending in other court and did not bring to the notice of the Appellate Court at the time of disposal of the appeal. Learned counsel also filed a memo along with copy of - 3 - NC: 2025:KHC:7658 CRL.RP No. 1677 of 2023 acknowledgment of having served a copy of Crl.A.No.2451/2019 and the same is not in respect of the appeal filed by the appellant and a copy was served on the other side. However, learned counsel relies upon the statement of objections, wherein filing of appeal was pending before the Court has been mentioned. 3. As against the submission, learned counsel for the respondent brought to the notice of this Court that though the appeal by the revision petitioner was filed in the year 2019, process fee was not paid and steps were not taken. But, only after the disposal of the appeal filed by the respondent, notice was served. Hence, he cannot find fault with the respondent as well as with the Court. 4. Having perused the order sheet of the Appellate Court, wherein notice has been served on revision petitioner's father. However, the Appellate Court has taken note that both parties and their counsel were absent and if the counsel has not filed Vakalathnama, the question of appearance does not arise. However, taking into note of fact that when two appeals were pending before the Appellate Court for - 4 - NC: 2025:KHC:7658 CRL.RP No. 1677 of 2023 consideration of the impugned order passed by the Trial Court, it ought to have been considered together and the revision petitioner did not bring to the notice of the Appellate Court and also the ordersheet discloses that though the appeal was filed in the year 2019, steps were not taken and kept on continuing of the proceedings without taking steps and only after disposal of the appeal, the present revision petition is filed. 5. Having taken note of the said fact into consideration, when two appeals are pending before the Court, it was not brought to the notice of the Appellate Court either by both the parties. However, the matter was disposed of on merits and having taken note of the said fact into consideration, it is appropriate to direct the Appellate Court by setting aside the order of the Appellate Court and the Principal City Civil and Sessions Judge, Bengaluru, is directed to transfer Crl.A.No.2451/2019 to learned LXII Additional City Civil and Sessions Judge, Bengaluru, and both Crl.A.No.2524/2019 filed by the respondent and Crl.A.No.2451/2019 filed by the revision petitioner to be placed before the learned LXII Additional City Civil and Sessions Judge, Bengaluru, to be considered together on merits. - 5 - NC: 2025:KHC:7658 CRL.RP No. 1677 of 2023 6. Having taken note of the conduct of the petitioner, even though the appeal was filed in the year 2019, the notice was not served on the respondent and steps were not taken till disposal of other appeal. Hence, it is appropriate to impose cost of Rs.50,000/- and the same is payable to the respondent within two weeks from today. Parties are directed to appear before the learned LXII Additional City Civil and Sessions Judge, Bengaluru, (CCH-64) on 11.03.2025 and the Principal City Civil and Sessions Judge, Bengaluru, is directed to place the other appeal before the very same Court to consider the same. Revision petitioner is also directed to pay a sum of Rs.10,000/- per month awarded by the Trial Court from the date of the application till today and also pay 50% of the compensation amount awarded by the trial Court i.e., Rs.2,50,000/- out of Rs.5,00,000/- within four weeks from today. The Appellate Court is also directed to dispose of the matter within 45 days from 11.03.2025. The amount whatever paid by the revision petitioner has to be deducted in the total amount. - 6 - NC: 2025:KHC:7658 CRL.RP No. 1677 of 2023 With these observations, this revision petition is disposed of. The Registry is directed to communicate this order forthwith to the Presiding Officer as well as the Principal City Civil and Sessions Judge, Bengaluru, to enable the Court to take up the matter on 11.03.2025. Sd/- (H.P.SANDESH) JUDGE AV List No.: 1 Sl No.: 51