Dismissed

M/S Star Electronics v. M/S Boom Systems

Karnataka HC30 Nov 2021CRL.A/1258/2012

Case brief

AI extract

What is this about?

High Court of Karnataka dismissed criminal appeals arising under Section 138 NI Act filed by M/S Star Electronics against acquittal, as the appellant repeatedly failed to attend hearings despite notices and adjournments.

What did the court decide?

Both Criminal Appeals filed under Section 378(4) Cr.P.C. were dismissed due to non-prosecution caused by appellant's failure to appear.

M/S Star Electronics Vs M/S Boom Systems — Cheque Dishonour | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF NOVEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

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CRIMINAL APPEAL NO.1259 OF 2012 C/W CRIMINAL APPEAL NO.1258 OF 2012

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IN CRL.APPEAL NO.1259/2012:

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BETWEEN:

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A.P. MANJUNATHA GUPTA, PROPRIETOR OF M/S STAR ELECTRONICS, AGED ABOUT 59 YEARS, NO.60, 4TH CROSS, SSI AREA, RAJAJINAGAR, BANGALORE-560 010. REPRESENTD BY ITS PROPRIETOR A.P. MANJUNATHA GUPTA. … APPELLANT [BY SRI.A.P.MANJUNATH GUPTHA, PARTY-IN-PERSON-(ABSENT)]

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AND:

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SMT. LATHA, W/O VARADARAJAN, MAJOR, PROPRIETOR OF M/S BOOM SYSTEMS, NO.41, 1ST FLOOR, 9TH STREET EXTENSION, NEAR CMS PRIMARY SCHOOL, GANDHIPURAM, COIMBATORE-12, REPRESENTED BY ITS PROPRIETOR SMT. LATHA KARTHIKEYAN. … RESPONDENT [SRI. S. MANJUNATH, ADVOCATE]

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THIS CRIMINAL APPEAL IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 18.08.2012 PASSED BY XIII A.C.M.M., BANGALORE, IN C.C. NO.9830/2008-ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

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IN CRL.APPEAL NO.1258/2012:

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BETWEEN:

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M/S. STAR ELECTRONICS, NO.60, 4^TH CROSS, SSI AREA, RAJAJINAGAR, BANGALORE-560 010, REPRESENTED BY ITS PROPRIETOR A.P. MANJUNATHA GUPTA. … APPELLANT (BY ITS PROPRIETOR SRI.A.P.MANJUNATH GUPTA - ABSENT)

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AND:

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M/S. BOOM SYSTEMS, NO.41, 1^ST FLOOR, 9^TH STREET EXTENSION, NEAR CMS PRIMARY SCHOOL, GANDHIPURAM, COIMBATORE-12, REPRESENTED BY ITS PROPRIETOR SMT. LATHA KARTHIKEYAN. … RESPONDENT

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(SRI. S. MANJUNATHA, ADVOCATE)

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THIS CRL.A. IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 18.08.2012 PASSED BY XIII A.C.M.M., BANGALORE, IN C.C. NO.2863/2008-ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

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THESE APPEALS ARE COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING;

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JUDGMENT

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In these appeals memo for retirement filed by the learned counsel for appellant was accepted and court notice was issued to the appellant on 05.01.2021. In both the appeals, the appellant/complainant is one and the same.

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Inspite of service of court notice on 16.01.2021, appellant failed to appear before this court. Hence, on 10.11.2021, to give an opportunity to him, the appeals were adjourned to 18.11.2021. Even on the said date there was no representation for the appellant, hence, the appeals were adjourned to 25.11.2021. Since the appellant failed to appear and make any representation even on 25.11.2021, the appeals were adjourned to this day i.e., 30.11.2021.

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Even today, there is no representation for the

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appellant, though the case is called twice.

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These appeals are against the judgment of acquittal passed by the trial court, acquitting accused/respondent for offence punishable under Section 138 of N.I. Act. It appears that the appellant is not interested in prosecuting the appeals.

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Hence, both the appeals are dismissed for non prosecution.

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Sd/JUDGE

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M/S Star Electronics v. M/S Boom Systems

Case brief

What is this about?

What did the court decide?

M/S Star Electronics v. M/S Boom Systems

Case brief

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