In criminal appeal no.1062 of 2018, the High Court of Karnataka dismissed the appeal for default due to non-compliance with time-grant conditions despite a prior request for additional time.
Time prayer dismissed; Appeal dismissed for default for non-compliance with office objections.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.1062 OF 2018
BETWEEN:
SRI DEVARAJ S/O NIRVANE GOWDA AGED ABOUT 50 YEARS RESIDING AT NO.266 4TH CROSS, 2ND MAIN KHB COLONY BASAVESHWARANAGAR BENGALURU - 560 079
… COMPLAINANT/APPELLANT (BY SRI. V.ANAND, ADVOCATE)
AND:
SRI TRUPTI SACHIN DUMALE W/O SACHIN DUMALE AGED ABOUT 42 YEARS RESIDING AT NO.164, 2ND CROSS RAGHAVENDRA LAYOUT GIDADAKONENAHALLI VISWANEEDAM POST SRIGANDADAKAVAL BENGALURU - 560 091
...ACCUSED/RESPONDENT THIS APPEAL IS FILED UNDER SECTION 378(4) OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO a) SET ASIDE THE IMPUGNED JUDGMENT DATED 20.02.2018 IN C.C.NO.27641/2016 ON THE FILE OF THE XXII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU; b) CONVICT THE RESPONDENT IN THE ABOVE CASE FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, AND GRANTING
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COMPENSATION TO THE APPELLANT UNDER SECTION 357 OF THE CODE OF CRIMINAL PROCEDURE AS DEEMED FIT BY THIS HON'BLE COURT, IN THE INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Learned counsel for the appellant seeks a week's
time.
weeks time was granted with a condition that if needful is not done, the appeal shall stand dismissed.
counsel for the appellant is dismissed.
Hence, appeal is dismissed for default for not
complying with the office objections.
Sd/JUDGE
Mds.
3 provisions across 2 enactments
SRI DEVARAJ S/O NIRVANE GOWDA
SRI TRUPTI SACHIN DUMALE
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
