R Diwakara vs S R Diwakara Guptha on 5 June, 2012

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Karnataka High Court

R Diwakara vs S R Diwakara Guptha on 5 June, 2012

Bench: V.Jagannathan

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 05TH DAY OF JUNE 2012

                         BEFORE

     THE HON'BLE MR.JUSTICE V.JAGANNATHAN

       CRIMINAL REVISION PETITION NO.78/2012

BETWEEN:

R.Diwakara s/o T.Ramappa,
Aged about 47 years,
R/at 1st cross, 13th cross,
Southernside, 60 ft main road,
1st stage, Vinobanagar, Shimoga.

Also r/o 4th parallel road,
Durgigudi, Shimoga.                    ...PETITIONER

(By Sri.Dinesh Rao, Adv. for Sri.R.B.Deshpande, Adv.)

AND:

S.R.Diwakara Guptha s/o Ramaiah Shetty,
Aged about 46 years,
Occ: Business,
R/at II main, Vijayanagara,
Shimoga.                        ...RESPONDENT

(By Sri.P.N.Harish, Adv.)


       This Crl.R.P. is filed u/S.397 r/w 401 of Cr.P.C
praying to set aside the order dated 05.11.2011 passed
by the Sessions Judge, Shimoga, in Crl.A.No.40/10.

       This Crl.R.P. coming on for hearing this day, the
Court made the following:-
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                         ORDER

The petitioner is aggrieved by the lower appellate court dismissing his appeal for non-prosecution. Trial court had convicted the petitioner under Section 138 of N.I.Act and sentenced him to pay Rs.4 lakhs fine.

2. Submission of learned Counsel for the petitioner is that, the lower appellate court could not have dismissed the appeal for non-prosecution and should have given one more opportunity to submit the arguments on merits of the appeal.

3. On the other hand, submission of learned Counsel for the respondent is that the lower appellate court gave sufficient time but the petitioner did not make use of the same and as such, the court was left with no other option to dismiss the appeal for non- prosecution.

4. Having thus heard both sides, it is necessary to direct the trial court to give one more opportunity to the -3- petitioner to make his submissions on merits of the appeal.

5. Hence, order of the lower appellate court is set aside and the matter stands remitted to the lower appellate court to hear both sides afresh and pass the orders on merits before the end of July, 2012. Both parties to co-operate.

Sd/-

JUDGE.

Srl.

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