Criminal Appeal filed for setting aside an acquittal and convicting the accused under Section 138 NI Act. The appeal was dismissed for non-prosecution as the appellant was uninterested in pursuing the case and his counsel had retired.
None. Appeal dismissed for non-prosecution. Counsel retired.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2022 BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.1120 OF 2018
BETWEEN:
SRI C SADASHIVA REDDY S/O LATE C RAMA REDDY AGED ABOUT 61 YEARS, R/AT NO.307, 7TH MAIN LAKKASANDRA EXTN BENGALURU - 30
… COMPLAINANT/APPELLANT
(BY SRI. SADASHIVA REDDY, ADVOCATE - ABSENT)
AND:
SMT KALAVANI MAJOR, R/AT NO.3, KRISHNAPPA GARDEN VIVEK NAGAR POST, BENGALURU - 47 AND ALSO WORKING AS UDC REGIONAL PASSPORT OFFICE, EJIPURA, KORAMANGALA 8TH BLOCK, BENGALURU ...ACCUSED/RESPONDENT
(BY SRI. A.RADHAKRISHNAN, ADVOCATE)
THIS APPEAL IS FILED UNDER SECTION 378(4) OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO a) SET ASIDE THE ACQUITTAL JUDGMENT PASSED IN C.C.NO.6471/2013 DATED 03.03.2018 BY THE HON'BLE XXTH ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU AND CONVICT THE ACCUSED FOR THE OFFENCE PUNISHABLE UNDER
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SECTION 138 NI ACT AND IMPOSE FINE DOUBLE THE CHEQUE AMOUNT WITH SUITABLE IMPRISONMENT; b) AWARD SUITABLE COMPENSATION AS REQUIRED UNDER SECTION 357 OF THE CR.P.C OUT THE FINE RECOVERED FROM THE ACCUSED TO THE COMPLAINANT/APPELLANT; c) AWARD COST AND OTHER RELIEFS DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTERESTS OF JUSTICE AND EQUITY.
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 has filed a memo of retirement. In view of the said memo, he is permitted to retire from the case.
It appears that appellant is not interested in prosecuting the appeal.
Hence, the appeal is dismissed for non prosecution.
Sd/JUDGE
MDS
1 provisions across 1 enactments
SRI C SADASHIVA REDDY
SMT KALAVANI MAJOR
J.M.KHAZI
As recorded by the court registry
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