Appeal against acquittal in cheque dishonour case dismissed due to non-prosecution after appellant failed to appear or file representation.
Appeal dismissed for non-prosecution.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.1325 OF 2017
BETWEEN:
W/O DR B BASAVENDRA SINCE DECEASED REP BY LRS DR B BASAVENDRA H/O LATE SMT SUSHEELA S/O LATE T BASAVARAJU AGED ABOUT 57 YEARS
1 TO 3 RESIDING AT NO.2227, 4TH MAIN 1ST A CROSS, JEEVAN BHEEMANAGAR H.A.L 3RD STAGE VIMANAPURA POST BENGALURU - 560 017
...COMPLAINANT/APPELLANT
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AND
SRI. B. BALAJI PROPRIETOR M/S VARENYAM JEWELS NO.112, 1ST FLOOR, SOUTH BLOCK MANIPAL CENTER NO.47, OFF. M G ROAD DICKENSON ROAD BENGALURU - 560 042
......ACCUSED/RESPONDENT
(BY SRI. JAYAPRAKASH SHETTY, ADVOCATE)
THIS CRL.A. 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 IMPUGNED ORDER DATED 27.04.2017, PASSED BY THE HON'BLE SMALL CAUSES AND XXXV ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU (SCCH-16) IN C.C.NO.50565/2013, ACTING U/S 255(1) OF CR.P.C, ACQUITTING THE RESPONDENT FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CRIMINAL APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
No representation for appellant. However, learned
counsel for respondent is present.
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matter was ordered to be listed today, with a condition that if there is no representation for appellant, necessary orders would be passed dismissing the appeal.
Accordingly, appeal is dismissed for non-prosecution.
RR
Smt. Susheela B, MRS Mithila Umesh, MS Keerthan B
Sri. B. Balaji
J.M.KHAZI
As recorded by the court registry
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