The High Court of Karnataka, Dharwad Bench dismissed Criminal Appeal CRL.A. No.100310 of 2018 without reference because the appellant's counsel failed to comply with office objections after the matter was listed seven times.
The criminal appeal was dismissed without reference to the Bench.
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, DHARWAD BENCH AT DHARWAD DATED THIS THE 25TH DAY OF MARCH, 2021
BEFORE
THE HON' BLE MRS. JUSTICE M.G.UMA
CRL.A. NO.100310 OF 2018
BETWEEN
SARESH K.P. @ SURESH, S/O K.P. DINESH R/O. M.J. NAGAR, 5TH CROSS, HOSAPETE, BALLARI-583101.
...APPELLANT(S)
(By Sri. M. AMAREGOUDA AND M. KEERTHI, ADVS. )
AND
SURESH BABU, S/O SATHYANARAYANA RAO, R/O: 7TH CROSS, DEEPALI HOSPITAL ROAD, BASAVESWARA BADAVANE, HOSAPETE, BALLARI DISTRICT-583101.
…RESPONDENT(S)
THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CR.P.C. SEEKING THAT THE JUDGMENT AND ORDER OF THE COURT OF THE II ADDL. CIVIL JUDGE AND JMFC, HOSAPETE IN C.C. NO. 862/2015 DATED 24.07.2018 BE AND THE SAME MAY BE PLEASED TO SET ASIDE AND FURTHER IT IS PRAYED THAT THE ACCUSED BE CONVICTED AND PUNISHED ACCORDINGLY IN ACCORDANCE WITH LAW U/SEC.138 OF N.I. ACT AND THE RESPONDENT ACCUSED MAY BE DIRECTED TO MAKE IMMEDIATE PAYMENY OF RS. 3,50,000/- ALONG WITH INTEREST AT THE RATE OF 18% PER ANNUM AND ALSO THEY BE DIRECTED TO COMPENSATE THE COMPLAINT EQUIVALENT TO THE MONEY COVERED BY THE CHEQUE.
2
THIS CRIMINAL APPEAL COMING ON FOR ORDERS ON NON COMPLIANCE OF OFFICE OBJECTIONS, THIS DAY, THE HON’BLE COURT MADE THE FOLLOWING:
O R D E R
“Learned counsel for petitioner is absent. No representation .
Even after passing over the matter twice, it is noticed that the office objections are not been complied with and the appeal is being listed for the seventh time for the same purpose
Neither the office objections are complied with, nor there is representation before the Court, I do not find any reason to grant some more time for compliance of office objections. However, appellant is permitted to comply with the office objections within four weeks’, failing which, the appeal shall be dismissed without reference to the Court”.
Sd/Judge
As per the Court Order dated 25.03.2021, advocate for the appellant has not complied with the office objections till date. Hence the above Criminal Appeal stands dismissed without reference to the Bench as directed.
BY ORDER,
Sd/-
ASSISTANT REGISTRAR
COPY TO:
II ADDL. CIVIL JUDGE AND JMFC HOSAPETE svp.18.05.2022
1 issue framed by the court
Whether the Criminal Appeal should be allowed considering the appellant's counsel failed to comply with office objections despite multiple listings.
SARESH K.P. @ SURESH
SURESH BABU
M.G. UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
