- 1 - HC-KAR NC: 2025:KHC:47249 CRL.RP No. 1706 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 1706 OF 2025 BETWEEN: MR. S. MANSOOR AHMED, S/O LATE SHAMIR SAB, AGED ABOUT 63 YEARS, R/AT, LUCKY STAR MUNDY, 7TH BLOCK, KURUBARAPETE, BAGEPALLI TOWN, CHIKKABALLAPURA DISTRICT - 561 207. …PETITIONER [BY SRI H VENKATESHA DODDERI, ADVOCATE (PH)] AND: SRI ASWATHNARAYANA CHARI S/O G.K. THIMMACHARI, AGED ABOUT 63 YEARS, R/AT NO.736, 3RD CROSS, WARD NO.23, T.A.P.C.M.S. ROAD, CHAMARAJAPETE, CHIKKABALLAPURA TOWN - 562 101. …RESPONDENT THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER TO A) SET ASIDE THE IMPUGNED JUDGEMENT PASSED BY HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPURA IN CRL.A.NO.61/2018 DATED 12/03/2020.B) SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED 02/08/2018 PASSED IN C.C. NO.417/2010 ON THE FILE OF 1ST ADDL. CIVIL JUDGE AND JMFC AT CHIKKABALLAPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47249 CRL.RP No. 1706 of 2025 CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging judgment dated 12.03.2020 passed by Principal District and Sessions Judge, Chikkaballapur, in Crl.A.no.61/2018 confirming judgment of conviction and order of sentence dated 02.08.2018 passed by I Additional Civil Judge and JMFC., Chikkaballapura, in C.C.no.417/2010, this revision petition is filed. 2. I.A.no.1/2025 is filed to condone delay of 1981 days in filing criminal revision petition. 3. In memorandum of facts filed in support of application contains following assertions: MEMORANDUM OF FACTS " 1. I submits that I know the petitioner who is in judicial custody I am the counsel for the petitioner appearing for petitioner and I know the facts of the case. 2. I state that the petitioner has filed I.A.No.2 for suspension of sentence and if the sentence is not suspended, he will be put to untold hardship and suffering and he has very good case on merits, and also got deep roots in society. - 3 - HC-KAR NC: 2025:KHC:47249 CRL.RP No. 1706 of 2025 3. The petitioner above named hereby convicted for the offence punishable under Section 138 of NI Act and sentenced to undergo simple imprisonment for six months. 4. The petitioner submits that, set-out several grounds of law and facts in the memorandum of petition and Memorandum of Criminal Revision Petition may kindly be read as part and parcel of this memorandum of facts. 5. I state that after confirmed sentence of conviction by the 1st appellate petitioner was not feeling well suffering from diabetic issue also facing several financial difficulty he was deposited sum of Rs.66,500/- dated 22/09/2018 before the trail remaining he unable to arrange balance and he unable to meet his counsel to prepare revision petition well within the limitation, non filing petition well within limitation was not intentional its bonafide reason." 4. Learned counsel for petitioner submits that explanation is reasonable and sufficient and seeks for condonation. 5. Courts have time and again held that while considering application for condonation of delay it is not - 4 - HC-KAR NC: 2025:KHC:47249 CRL.RP No. 1706 of 2025 duration but, cause that has to be examined and whether it was beyond control of parties seeking for condonation. 6. In instant case, petitioner has merely stated that petitioner was suffering from diabetes and financial difficulty. Same is not supported by any records as would substantiate that he was prevented for reasons beyond his control from approaching Court earlier. Merely on ground that petitioner is at present in judicial custody, revision petition is filed. There is no proper explanation as would constitute 'sufficient cause'. I.A.no.1/2025 is rejected. Consequently, revision petition stand dismissed. In view of above, I.A.no.2/2025 is rendered unnecessary. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 37