Criminal Appeal filed under Section 378(4) Cr.P.C challenging acquittal in cheque dishonour case. Appellant's counsel was absent; appellant not represented. Court found appellant not interested and dismissed appeal for non-prosecution.
Appeal dismissed for non-prosecution as appellant was not interested in pursuing it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI CRIMINAL APPEAL NO.1079 OF 2011
BETWEEN:
SMT P PADMAVATHY D/O M PAPAIAH, AGE: 54 YEARS, OCC:HOUSEHOLD WORK, R/AT DOOR NO.8, 2ND MAIN, 8TH CROSS, WEAVERS COLONY, GANGANAGAR, BANGALORE - 560 032 REPRESENTED BY HER SPECIAL POWER OF ATTORNEY HOLDER SHRI. KRISHNAPPA S/O SHRI. M H KULLAIAH AGE: 59 YEARS, OCC: BUSINESS, R/AT DOOR NO.8, 2ND MAIN, 8TH CROSS, WEAVERS COLONY, GANGANAGAR, BANGALORE - 560 032
...COMPLAINANT/APPELLANT
(BY SRI. S.B.HEBBALLI & V.MUNIRAJU, ADVOCATES - ABSENT)
AND
KUMARI K CHANDRAMATHI D/O KRISHNASWAMY, AGE: 51 YEARS, R/AT NO.47/36, CUBBONPET MAIN ROAD, BANGALORE - 560 002
......ACCUSED/RESPONDENT
(BY SRI. PARMESHWAR N HEGDE, ADVOCATE)
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THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CR.P.C BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER OF ACQUITTAL DATED 17.02.2010 PASSED BY XXI ACMM, BANGALORE CITY, BANGALORE IN C.C.NO.29392/2005 AND CONVICT AND SENTENCE THE ACCUSED - RESPONDENT FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT, AND PASS SUCH OTHER ORDERS AS DEEMED FIT AND PROPER UNDER THE CIRCUMSTANCES OF THE CASE.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
No representation for appellant.
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prosecuting the appeal.
Accordingly, appeal is dismissed for non-prosecution.
Sd/JUDGE
RR
2 issues framed by the court
Whether the criminal appeal against order of acquittal should be allowed in the absence of representation from the appellant.
How to proceed when an appeal is filed but the appellant is not interested in prosecuting it.
2 provisions across 2 enactments
Smt P Padmavathy D/o M Papaiah
Kumari K Chandramathi D/o Krishnaswamy
J.M. Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
