In this criminal appeal filed under Section 378(4) of Cr.P.C., the appellant failed to file any representation before the High Court despite being listed as a last-chance matter. The court dismissed the appeal for non-prosecution as the appellant was not interested in pursuing the matter.
Appeal dismissed for non-prosecution.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.1151 OF 2017
BETWEEN:
M/S IRIS COMPUTERS LIMITED NO.108, PRESTIGE CENTER POINT CUNNINGHAM ROAD BANGALORE - 560 052 REP BY ITS ACCOUTNS EXECUTIVE SRI BRAMHANANDA REDDY
...COMPLAINANT/APPELLANT
AND
2 . MR KAUSHIK MUKHERJI DIRECTOR, M/S ACCORDIANS INFOCOM PVT LTD AE-24, GROUND FLOOR, SECTOR-1 SALT LAKE CITY, KOLKATA - 700 064
ALSO AT
MR KAUSHIK MUKHERJI DIRECTOR M/S ACCORDIANS INFOCOM PVT LTD 3/1, D N MUKHERJEE ROAD BALLY, HOWRAH - 711 201
2
3 . MR SAIKAT CHANDA DIRECTOR M/S ACCORDIANS INFOCOM PVT LTD AE-24, GROUND FLOOR, SECTOR-1 SALT LAKE CITY KOLKATA - 700 064
ALSO AT
MR SAIKAT CHANDA DIRECTOR M/S ACCORDIANS INFOCOM PVT LTD 33/A, SRISH CHANDRA CHOWDHURY LANE KOLKATA - 700 002
......ACCUSED/RESPONDENTS
(BY SRI. ARJUN RAO, ADVOCATE)
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 a) SET ASIDE THE ACQUITTAL ORDER DATED 12.05.2017 PASSED BY THE HON'BLE XXV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN C.C.NO.41510/2010 AND TO CONVICTING THE ACCUSED/RESPONDENTS; b) CALL FOR RECORDS ON THE FILE OF THE HON'BLE XXV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, IN C.C.NO.41510/2010; c) ALLOW THE APPEAL WITH COST; d) PASS SUCH OTHER ORDER AS THIS HON'BLE COURT DEEMS FIT IN THE ABOVE SAID CIRCUMSTANCES IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CRIMINAL APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
3
J U D G M E N T
No representation for appellant.
afternoon session.
Accordingly, appeal is dismissed for non-prosecution.
RR
1 issue framed by the court
Whether the Criminal Appeal should be allowed in the absence of representation for the appellant despite prior notice?
1 provisions across 1 enactments
M/s Iris Computers Limited
M/s Accordians Inform Pvt Ltd
Mr Kaushik Mukherji
Mr Saikat Chanda
J.M. Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
