- 1 - HC-KAR NC: 2025:KHC:40566 CRL.A No. 620 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 620 OF 2024 (A) BETWEEN: MUKESH AND CO., NO.18, 2ND FLOOR, BEHIND JAIN HAVANA, ANDRY ROAD, SHANTHINAGAR, BANGALORE - 560027 OWNER MUKESH TIBARWALA REP. BY GPA HOLDER SRI RANGASWAMY …APPELLANT (BY SRI. LAKSHMIKANTH K., ADVOCATE) AND: M/S SRI KRISHNA SELTAR PVT. LTD., NO.59, WEST ANJANEYA TEMPLE, BASAVANAGUDI MAIN ROAD, GANDHI BAZAR, BANGALORE - 560004. REP. BY SRI M. D. RAGHAVENDRA. …RESPONDENT (NOTICE NOT ORDERED IN R/O RESPONDENT.) THIS CRL.A IS FILED U/S 378(4) CR.PC PRAYING TO SET ASIDE THE JUDGMENT ORDER DATED 27.04.2022 PASSED BY THE LEARNED 12TH ADDL. AND ACMM COURT, BANGALORE (SCCH-8) IN C.C.NO.16670/2017 AND CONVICT THE ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT. Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40566 CRL.A No. 620 of 2024 THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. Heard on IA.II of 2024. 2. IA.II/2024 is filed under Section 5 of the Limitation Act to condone the delay of 688 days in filing this criminal appeal. This application is supported with the affidavit of Mukesh Tibarwala who is the owner of Mukesh and Company. In his affidavit, it is stated that complainant is the Company. After the impugned judgment, the complainant has contacted the panel counsel for opinion about the judgment. Thereafter, the employee of the company who was entrusted the work has left the job and he has not informed about the status of the case. During the course of the office verification, it was got to know about the legal opinion to challenge the same. Hence delay in filing the appeal within time and the same is not - 3 - HC-KAR NC: 2025:KHC:40566 CRL.A No. 620 of 2024 an intentional one. On all these grounds, learned counsel for the appellant has sought to allow this application. 3. The Trial Court has passed the judgment on 27.04.2022. Copy of application was filed on 15.07.2023. Copy was delivered on 27.07.2023. This criminal appeal is filed on 18.03.2024. 4. The appellant has not placed any materials to support his affidavit. There is no sufficient cause to condone the delay. Hence, I proceed to pass the following: ORDER i) IA.I of 2024 filed under Section 5 of the Limitation Act is hereby dismissed. Consequently, the Criminal Appeal stands dismissed. ii) Pending applications, if any, stand disposed of. Sd/- (G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 39