Criminal appeal filed against acquittal in cheque dishonour case dismissed for non-prosecution due to counsel's repeated absence despite time grants.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF FEBRUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR
CRIMINAL APPEAL NO.533 OF 2018 (A)
BETWEEN:
M/S SREE GOKULAM CHITS FINANCE CO. (P) LTD., HAVING ITS REGISTERED CORPORATE OFFICE AT SREE GOKULAM TOWERS, NO 66, ARCOT ROAD, KODAMBAKKAM, CHENNAI – 600024,
AND HAVING BRANCH OFFICE AT MANGALAM CHAMBERS NO 25, 2ND FLOOR, K H ROAD, BANGALORE – 560027. REPRESENTED BY ITS GPA HOLDER SRI SIDHARAJU. NOW REPRESENTED BY GPA HOLDER SRI SUDHAKARA L, S/O SRI MAHADEVA, AGED ABOUT 20 YEARS. ...APPELLANT
(BY SRI H K SINGH, ADVOCATE - ABSENT)
AND:
SRI MAHESH SHARMA,
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NO 11/1 1ST FLOOR, 1ST CROSS G V LANE, COTTONPET, BANGALORE – 560 053. …RESPONDENT
(BY SRI NAVEEN KUMAR L, ADVOCATE - ABSENT)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 04.09.2017 PASSED BY THE X ADDITIONAL JUDGE AND XXXV ADDL. C.M.M., BENGALURU IN C.C.NO.52238/2013 – ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.ACT.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING THROUGH VIDEO CONFERENCE:
ORDER
No representation by the learned counsel for the appellant.
order of acquittal. Neither the appellant nor its counsel has appeared on past several dates of hearing. Hence, a week’s time was granted as last chance to make submission regarding admission on 05.01.2021. Despite such an order, the counsel for the appellant has remained absent. On 02.02.2021, in order to give one more
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opportunity, a week’s time was granted to make
submission. But, the counsel has failed to appear in this appeal.
Sd/JUDGE
SJ
M/S Sree Gokulam Chits Finance Co. (P) Ltd.
Mahesh Sharma
Ashok G.Nijagannavar
As recorded by the court registry
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