In Criminal Appeal No.1389 of 2018 filed under section 378(4) CrPC, the High Court observed that the appellant failed to make representation despite being posted for orders. As the appellant was deemed not interested in prosecuting the appeal, it was dismissed.
Appellant's appeal dismissed for default of not prosecuting the appeal.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.1389 OF 2018
BETWEEN:
MR P BHARATH KUMAR AGED ABOUT 42 YEARS S/O P K S RAO RESIDING AT #197, CLUB AVENUE ROAD LRDE LAYOUT KARTHIK NAGAR BENGALURU - 560 037
… COMPLAINANT/APPELLANT (BY SRI. CHANNE GOWDA, ADVOCATE - ABSENT)
AND:
2 . MR JOSHUA MARTYN PROPRIETOR: M/S SHARON SYSTEMS S/O SAMUEL MARTYN FLAT NO.AF3, VINOTH VIRUKSHA APARTMENTS NEAT THAI MOOGAMBIKAL COLLEGE GANGA AMNAM STREET NOLAMBUR CHENNAI - 600 107 email:[email protected]
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THIS APPEAL IS FILED UNDER SECTION 378(4) OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO a) SET ASIDE THE ORDER AND JUDGMENT DATED 11.04.2018 PASSED IN C.C.NO.60703/2017 BY THE HON'BLE XIV ADDL. CHIEF METROPOLITAN MAGISTRATE, MAYO HALL, BENGALURU; b) REVERSE THE ORDER OF ACQUITTAL INTO CONVICTION; c) PASS CUH ORDERS/GRANT SUCH RELIEF AS THIS HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST 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
No representation for the appellant.
chance, this appeal is posted today for taking necessary steps, with a condition that if needful is not done, necessary orders would be passed for dismissal of appeal.
the appellant is not interested in prosecuting the appeal.
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Hence, appeal is dismissed for default of not complying with the office objections.
Sd/JUDGE
MDS
1 issue framed by the court
Whether the criminal appeal filed under section 378(4) of the CrPC, where no representation was made and the appellant was deemed not interested in prosecuting the appeal, shall be dismissed.
1 provisions across 1 enactments
MR P BHARATH KUMAR
M/S SHARON SYSTEMS PROPRIETOR: MR JOSHUA MARTYN
MR JOSHUA MARTYN PROPRIETOR: M/S SHARON SYSTEMS
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
