- 1 - HC-KAR CNR: KAHC010043322019 NC: 2026:KHC:40564 CRL.P No. 1117 of 2019 C/W CRL.P No. 1116 of 2019 CRL.P No. 1118 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 1117 OF 2019 C/W CRIMINAL PETITION NO. 1116 OF 2019 CRIMINAL PETITION NO. 1118 OF 2019 IN CRL.P No. 1117/2019 BETWEEN: SRI ZIAULLA SHERIFF S/O GAFOOR SHERIFF, MANAGING PARTNER, M/S SHERIFF CONSTRUCTIONS, SHERIFF CENTRE, NO.73/1, ST. MARKS ROAD, BENGALURU - 560 001. …PETITIONER (BY SRI VEERANNA G TIGADI, ADVOCATE) AND: 1. SRI SENTHIL KUMAR R K., S/O MR. R KRISHNAN AGED ABOUT 53 YEARS APARTMENT NO.842, 8TH FLOOR, PHASE III, "O" BLOCK, PLATINUM CITY, YESHWANTHAPUR, BENGALURU - 560 022. 2. SRI NAZIR AHMED PROPRIETOR, M/S NACONS OFFICE, AT NO.75/312, Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010043322019 NC: 2026:KHC:40564 CRL.P No. 1117 of 2019 C/W CRL.P No. 1116 of 2019 CRL.P No. 1118 of 2019 8TH MAIN, III BLOCK, JAYANAGAR, BENGALURU - 560 011. …RESPONDENTS (BY SRI MANJUNATH PRASANNA, ADVOCATE FOR R1; R2 - SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 05.09.2018 IN CRL.RP.NO.400/2017 PASSED BY THE 55th ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE AND BY AQUITTING THE PETITIONER OF ALL CHARGES LEVELED AGAINST HIM. IN CRL.P NO. 1116/2019 BETWEEN: SRI ZIAULLA SHERIFF S/O GAFOOR SHERIFF M/S SHERIFF CONSTRUCTIONS SHERIFF CENTRE NO.73/1 ST. MARKS ROAD BENGALURU - 560 001. ...PETITIONER (BY SRI VEERANNA G TIGADI, ADVOCATE) AND: 1. SRI. SANTHOSH KUMAR S/O K V KUNHIKAMMANARAR APARTMETN NO.346 III FLOOR, PHASE III O BLOCK, PLATINUM CITY YESHWANTHAPUR BENGALURU (PRESENTLY AT NO.IBI CASTLE WINDS APARTMETNS - 3 - HC-KAR CNR: KAHC010043322019 NC: 2026:KHC:40564 CRL.P No. 1117 of 2019 C/W CRL.P No. 1116 of 2019 CRL.P No. 1118 of 2019 NO.166, VELACHARY MAIN ROAD VELACHARY CHENNAI-600 042. 2. SRI NAZIR AHMED PROPRIETOR M/S NACONS OFFICE AT NO.75/312 8TH MAIN, III BLOCK JAYANAGAR BENGALURU - 560 011. ...RESPONDENTS (BY SRI MANJUNATHA PRASANNA H A., ADV. FOR R1; SRI B.SIDDESHWARA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SETTING ASIDE THE ORDER DATED 05.09.2018 IN CRL.RP.NO.401/2017 PASSED BY THE XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE AND BY ACQUITTING THE PETITIONER OF ALL THE CHARGES LEVELED AGAINST HIM. IN CRL.P NO. 1118/2019 BETWEEN: SRI ZIAULLA SHERIFF S/O GAFOOR SHERIFF MANAGING PARTNER, M/S SHERIFF CONSTRUCTIONS, SHERIFF CENTRE, NO.73/1, ST. MARKS ROAD, BENGALURU - 560 001. ...PETITIONER (BY SRI VEERANNA G TIGADI, ADVOCATE) - 4 - HC-KAR CNR: KAHC010043322019 NC: 2026:KHC:40564 CRL.P No. 1117 of 2019 C/W CRL.P No. 1116 of 2019 CRL.P No. 1118 of 2019 AND: 1. SRI PRAVEEN KUMAR S/O LATE K V NARAYANA MARAR, APARMENT NO.133, I FLOOR, PHASE III, O BLOCK, PLATINUM CITY, YESHWANTHPUR, BENGALURU - 560 022. 2. SRI NAZIR AHMED PROPRIETOR M/S NACONS ENGINNERS & BUILDERS, HOUSE NO.75/312, 8TH MAIN, III BLOCK, JAYANAGAR, BENGALURU -560 011. ...RESPONDENTS (BY SRI MANJUNATHA PRASANNA H A., ADV FOR R1; SRI B.SIDDESHWARA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 23.10.2018 IN CRL.RP.NO.430/2017 PASSED BY THE LV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND BY ACQUITTING THE PETITIONER OF ALL THE CHARGES LEVELED AGAINST HIM. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 5 - HC-KAR CNR: KAHC010043322019 NC: 2026:KHC:40564 CRL.P No. 1117 of 2019 C/W CRL.P No. 1116 of 2019 CRL.P No. 1118 of 2019 ORAL ORDER Challenging order dated 05.09.2018 passed by LV Additional City Civil and Sessions Judge, Bengaluru in Crl.RP.no.400/2017, Crl.P.no.1117/2019 is filed; challenging order dated 05.09.2018 passed by XXIV Additional City Civil and Sessions Judge, Bengaluru in Crl.RP.no.401/2017, Crl.P.no.1116/2019 is filed; likewise, challenging order dated 23.10.2018 passed by LV Additional City Civil and Sessions Judge, Bengaluru, in Crl.RP. no.430/2017, Crl.P.no.1118/2019 is filed. 2. Sri Veeranna R Tigadi, learned counsel for petitioner submitted, common question arising for consideration in these petitions were that petitioners were accused in private complaint filed by respondent no.1-complainant alleging various offences against accused. It was submitted, on account of non-appearance of complainant even after providing sufficient opportunity, orders dismissing same for non- prosecution and consequentially acquitting accused came to be passed. - 6 - HC-KAR CNR: KAHC010043322019 NC: 2026:KHC:40564 CRL.P No. 1117 of 2019 C/W CRL.P No. 1116 of 2019 CRL.P No. 1118 of 2019 3. But instead of filing an appeal against said orders as there was consequential order of acquittal, respondent no.1 - complainant preferred Revision petitions under Section 397 of CrPC before District Judge. It was submitted that Hon'ble Supreme Court in case of VK Bhat v. G Ravi Kishore and Anr. reported in (2016) 13 SCC 243 and S Rama Krishna v. S Rami Reddy (Dead) by LRs and Ors. reported in (2008) 5 SCC 535 and this Court in Prakash v. Raju reported in 2025 SCC OnLine Kar 11067, had held against an order of dismissal for non-prosecution an Appeal and not a Revision Petition under Section 397 of CrPC, would be maintainable. Consequently, impugned order allowing revision would be illegal. 4. Apart from above, it was submitted that dispute between parties was purely civil in nature given criminal color. And filing of revision, instead of an appeal underscored intent to protract proceedings, which would be abuse of process. On said grounds prayed for allowing petitions. - 7 - HC-KAR CNR: KAHC010043322019 NC: 2026:KHC:40564 CRL.P No. 1117 of 2019 C/W CRL.P No. 1116 of 2019 CRL.P No. 1118 of 2019 5. Sri Manjunatha Prasanna, learned counsel for respondent no.1 opposed petition. It was submitted, trial Court had dismissed proceedings for non-appearance and not on merits. On showing cause for non-appearance, Revisional Court had set aside said order and restored proceedings and same was in accordance with law. Alternatively, it was submitted, liberty was required to be reserved to complainant to prefer appeal as done in decisions relied upon by petitioner. 6. Sri B Siddeshwara, learned counsel for respondent no.2 supported petitioner. 7. Heard learned counsel and perused impugned order. 8. These petitions are by accused no.1 challenging orders passed by Revisional Court setting aside orders passed by trial Court dismissing proceedings for non-prosecution and restoring same. 9. Perusal of judgments in VK Bhat, S Rama Krishna and Prakash's cases (supra), reveals principle of law that an - 8 - HC-KAR CNR: KAHC010043322019 NC: 2026:KHC:40564 CRL.P No. 1117 of 2019 C/W CRL.P No. 1116 of 2019 CRL.P No. 1118 of 2019 order of dismissal for non-prosecution would consequentially result in acquittal of accused and therefore appealable and Revision petition under Section 397 of CrPC would not be maintainable. On said short ground itself, petitions would require to be allowed. At same time, it is seen that liberty was reserved to complainant to avail remedy of Appeal in Prakash's case. 10. Consequently, petitions are allowed, order dated 05.09.2018 passed by LV Additional City Civil and Sessions Judge, Bengaluru in Crl.RP. no.400/2017; order dated 05.09.2018 passed by XXIV Additional City Civil and Sessions Judge, Bengaluru in Crl.RP. no.401/2017; and order dated 23.10.2018 passed by LV Additional City Civil and Sessions Judge, Bengaluru in Crl.RP. no.430/2017 are set-aside. Said Revision Petitions are dismissed as not maintainable. Liberty is reserved to avail other remedies in accordance with law. Sd/- (RAVI V HOSMANI) JUDGE ykl List No.: 1 Sl No.: 18