Appeal by complainant against acquittal of respondent for cheque dishonour set aside as prosecution dismissed due to consistent absence of complainant from proceedings.
Complaint dismissed for non-prosecution; appeal against acquittal allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER 2016
BEFORE
THE HON’BLE MR.JUSTICE ANAND BYRAREDDY
CRIMINAL APPEAL NO.38/2016
BETWEEN:
Sri M.Lakshman, S/o Late Malleshappa, Aged about 48 years, R/at No.531, 2nd Cross, 2nd Main Road, Rama Rao Layout, Banashankari 3rd Stage, Bangalore – 560 085. …Appellant (By Shri Chandrashekara.K.A, Advocate)
AND :
Sri Balaji Developers and Builders Represented by its partner Sri.T.Chandrashekhar, S/o Late Thimmaiah, Major in age, R/at No.287, 9th Main Road, 3rd Cross, Hanumanthanagar, Bangalore – 560 019. …Respondent
This Criminal Appeal is filed under Section 378(4) of the Code of Criminal Procedure, 1973, praying to set aside the Judgment order dated 09.11.2015 passed by the XVI Additional Chief Metropolitan Magistrate, Bangalore, in C.C.No.30932/2014 –acquitting the respondent /accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
This Criminal Appeal coming on for orders this day, the Court delivered the following:
JUDGMENT
The complainant having consistently remained absent before the Court below, the Court below has rightly dismissed the complaint for non-prosecution. There is no warrant to consider the application for special leave. Hence, I.A.I/2016 is rejected. Consequently, the appeal is rejected.
Sd/JUDGE
sma
1 issue framed by the court
Whether the prosecution should be maintained despite the complainant's consistent absence.
2 provisions across 2 enactments
M.Lakshman
Sri Balaji Developers and Builders
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
