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2026 Supreme(Online)(Kar) 28352

THE HIGH COURT OF KARNATAKA
H.P. Sandesh, J
B. Narayana – Appellant
Versus
Paramashivaiah – Respondent
CRL.RP No. 1068 of 2024

Advocates:
For the Appellants/Petitioners: Mahesh Naik
For the Respondents: Mohan B.K

A criminal revision petition is liable to be dismissed if the petitioner fails to comply with the conditions imposed for the suspension of a sentence despite several opportunities.

Headnote:The case involves a criminal revision petition initiated under the provisions of the Code of Criminal Procedure, 1973, concerning an offence punishable under Section 138 of the Negotiable Instruments Act. The petitioner sought an appeal against a lower court judgment, during which the court ordered a conditional suspension of the sentence. The petitioner repeatedly failed to comply with the interim conditional orders granted by the court over an extended period. The court determined that the failure to adhere to court-ordered conditions warrants the dismissal of the petition. The central issue pertains to whether a revision petitioner is entitled to discretionary relief when they have failed to comply with interim conditional orders. The court maintained that the conditional suspension of a sentence is contingent upon strict adherence to the ordered terms. Finding that the petitioner had allowed the matter to pend for a significant duration without meeting the requirements of the stay order, the court held that the petition could not be entertained further. The criminal revision petition is dismissed due to the failure of the petitioner to comply with the conditional order.

Table of Content
1. dismissal of petition for non-compliance with conditional stay order. (Para 1 , 2)

THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGEMENT AND ORDER PASSED BY THE HONBLE VI ADDITIONAL DISTRICT AND SPECIAL JUDGE, MYSURU DTD 20.03.2024 IN CRL.A.NO.193/2023, BY SETTING ASIDE THE JUDGEMENT AND ORDER IN CC.NO.381/2015 ON THE FILE OF HONBLE II ADDITIONAL CIVIL JUDGE AND JMFC, MYSURU DTD 17.01.2023, FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL ORDER

Learned counsel for the revision petitioner has filed an application to recall the order dated 11.11.2024.

2. It is noticed that on 11.11.2024, this Court has passed the order that the revision petitioner has not complied with the interim order even though it was extended once. Now, the application is filed to modify the order dated 11.11.2024. Once, the sentence is suspended conditionally and the same is not complied with even though order was passed on 04.09.2024. When the revision petitioner has not complied with the order for nearly years, the question of considering this revision petition does not arise. Moreover, the revision petition is not admitted and only the sentence is suspended conditionally and the same is not complied with. Accordingly, the criminal revision petition stands dismissed in view of non-compliance of the said conditional order.

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2026 Supreme(Online)(Kar) 28352

THE HIGH COURT OF KARNATAKAH.P. Sandesh, JB. Narayana – AppellantVersusParamashivaiah – RespondentCRL.RP No. 1068 of 2024

A criminal revision petition is liable to be dismissed if the petitioner fails to comply with the conditions imposed for the suspension of a sentence despite several opportunities.

THE HIGH COURT OF KARNATAKA
H.P. Sandesh, J
B. Narayana – Appellant
Versus
Paramashivaiah – Respondent
CRL.RP No. 1068 of 2024