The High Court of Karnataka held an order on a criminal appeal filed in default. The appellant failed to comply with office objections or appear, resulting in the dismissal of the appeal 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.100338 OF 2018
BETWEEN
SHRI. MILIND S/O. TANAJI KADOLKAR, AGE: 40 MYEARS, R/O. 2226, RAMGHAT ROAD, LAXMI NAGAR, GANESHPUR, HINDALGA, BELAGAVI-591108..
APPELLANT(S)
(By Sri D.N. UJJANKOP AND PAVAN D. UJJANKOP,ADVS.)
AND
... RESPONDENT(S)
THIS CRIMINAL APPEAL IS FILED U/SEC. 378(4) OF CR.P.C. SEEKING TO ALLOW THE APPEAL AND GRANT LEAVE TO APPEAL AGAINST JUDGMENT AND ORDER DATED 23.10.2018 MOF
2
THE VII-J.M.F.C. BELAGAVI IN ITS CRIMINAL CASE NO. 413/2018, ACQUITTING RESPONDENTS, FOR THE OFFENCES PUNISHABLE U/SEC. 138 OF N.I. ACT. AND CALL FOR RECORDS AND PROCEEDINGS AND SET ASIDE THE AFORESAID THE IMPUGNED JUDGMENT AND ORDER OF ACQUITTAL DATED 23.10.2018 PASSED BY THE LEARNED THE VII-J.M.F.C. BELAGAVI IN CRIMINAL CASE NO. 413/2018, BY ALLOWING THIS CRIMINAL APPEAL AND CONVICT AND SENTENCE, THE ACCUSED RESPONDENT FOR THE OFFENCE WITH WHICH THEY HAVE BEEN CHARGED IN ACCORDANCE WITH LAW.
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 the appellant 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.
Hence, list this matter after four weeks.”
Sd/-
3
As per the Court Order dated 25.03.2021, advocate for the petitioner has not complied with the office objections till date. Hence the above Criminal Petition stands dismissed without reference to the Bench as directed.
BY ORDER,
SD/-
ASSISTANT REGISTRAR
COPY TO:
svp.11.05.2022
1 provisions across 1 enactments
SHRI. MILIND S/O. TANAJI KADOLKAR
SHRI. NAVEED S/O. NAZAFALI KHATIB
MRS. NUSARAT W/O. NAVEED KHATIB
HRI. NAZAFALI S/O. ABDULAZIZ KHATIB
M.G.UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
