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IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
CRIMINAL APPEAL NO. OF 2025
(@ SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 13366/2021)
GANESH SHETTI APPELLANT(S)
VERSUS
RAJAN CHAUDHRAY RESPONDENT(S)
O R D E R
1. Delay condoned.
2. Leave granted.
3. Heard learned counsel appearing for the appellant and learned
counsel appearing for the respondent.
4. The appellant was convicted by the Trial Court for the offence
punishable under Section 138 of the Negotiable Instruments Act,
1881. The conviction was confirmed by the Sessions Court in appeal.
By the impugned judgment, the High Court has dismissed the Revision
Petition preferred by the appellant for challenging the order of
conviction.
5. Paragraph 2 of the impugned judgment, reads thus:-
“ I have heard the learned counsel for the respondent.
Learned counsel for the petitioner/accused remained
absent. However, revision petition cannot be dismissed
for default and it has to be heard and decided on
merits. The same is disposed of on merits.”
6. It is not a case that the appellant was repeatedly absent
which prevented the High Court from taking up the Criminal Revision
Signature Not Verified
Petition
Digitally signed by
for hearing. The Revision Petition was filed by the
VARSHA MENDIRATTA
Date: 2025.02.15
12:22:00 IST
Reason:
appellant against the order of conviction.
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7. Though, High Court had a power to decide a Revision Petition
under Section 401 of the Code of Criminal Procedure, 1973 in
absence of the advocate for the revision petitioner, normally, the
High Court should avoid adopting the said course when the order
under challenge is the order of conviction. The High Court ought
have given a reasonable opportunity to enable the appellant to
procure presence of his Advocate. The High Court could always
appoint a legal aid lawyer to espouse the cause of the appellant.
However, that was not done and the High Court has proceeded to
decide the Revision Petition against an order of conviction on
merits and has dismissed the same.
8. Therefore, we set aside the impugned judgment and order of the
High Court and restore the Criminal Revision Petition No. 557 of
2017 to the file of the High Court of Karnataka at Bengaluru. The
restored Revision Petition shall be listed before the roster Bench
on 28.02.2025 at 10.30A.M., when the parties to this appeal shall
remain present. No further notice shall be served by the High Court
to the parties.
9. The High court shall fix a date for hearing and shall proceed
to decide the Revision Petition, in accordance with law.
10. Learned counsel appearing for respondent states that the
respondent has withdrawn a sum of Rs.2,40,000/-(Rupees two lakhs
forty thousand only) deposited by the appellant. The withdrawal
will be subject to the final outcome of the Revision Petition and
the High Court will pass an appropriate order in that behalf, at
the time of the disposal of Revision Petition. The amount deposited
by the appellant in this Court shall be transferred to the High
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Court of Karnataka at Bengaluru. The said amount as well as the
amount, if any, lying deposited with the High Court, shall be
invested in the interest bearing Fixed Deposit Account in any
Nationalized Bank, till the disposal of the Revision Petition.
11. Interim relief which was operative during the pendency of the
Revision Petition is also restored.
12. All contentions of the parties are yet to open to be decided
by the High Court.
13. The appeal is partly allowed with the above terms.
14. Pending application(s), if any, shall stand disposed of.
.....................,J.
(ABHAY S. OKA)
......................,J.
(UJJAL BHUYAN)
NEW DELHI;
04th February, 2025.
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ITEM NO.5 COURT NO.4 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 13366/2021
[Arising out of impugned final judgment and order dated 17-10-2019
in CRLRP No. 557/2017 passed by the High Court of Karnataka at
Bengaluru]
GANESH SHETTI PETITIONER(S)
VERSUS
RAJAN CHAUDHRAY RESPONDENT(S)
IA No. 72229/2021 - CONDONATION OF DELAY IN FILING
IA No. 72230/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT;IA No. 74505/2021 - EXEMPTION FROM FILING O.T.
IA No. 74502/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
Date : 04-02-2025 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA
HON'BLE MR. JUSTICE UJJAL BHUYAN
For Petitioner(s) Mr. Shivam Singh, Adv.
Mr. Amit Bhate, Adv.
Mr. Kailas Bajirao Autade, AOR
Mr. Sunil Kumar Sethi, Adv.
Mr. Shubham Janghu, Adv.
For Respondent(s) Mr. Ashok Bannidinni, AOR
Ms. Betsara Mylliemngap, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
Leave granted.
The appeal is partly allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(VARSHA MENDIRATTA) (AVGV RAMU)
COURT MASTER (SH) COURT MASTER (NSH)
(Signed order is placed on the file)
