This court dismissed a criminal appeal under Section 378(4) Cr.P.C. filed by a cheque dishonour complainant, holding that the appeal is barred due to non-prosecution.
The criminal appeal stands dismissed for nonprosecution.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2022
BEFORE
THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR
CRIMINAL APPEAL No.1422/2018
BETWEEN:
SRI. P. SUBRAMANI S/O LATE V.A. PERIYAPPA AGED ABOUT 58 YEARS R/AT NO.12, 4TH CROSS 6TH BLOCK, RAJAJINAGAR BENGALURU-560 010
….APPELLANT
(BY SRI. A. RAMACHANDRA, ADVOCATE (ABSENT))
AND:
SRI. SATHYANARAYANA. T. N S/O NARAYANAPPA AGED ABOUT 37 YEARS R/AT NO.478, 15TH CROSS JAKKUR LAYOUT BENGALURU-560 064
…RESPONDENT
(BY SRI. H.V. HARISH, ADVOCATE)
THIS APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND THE ORDER OF ACQUITTAL DATED 02.05.2018, PASSED BY THE XXIII ACMM, NRUPATHUNGA ROAD, BENGALURU CITY IN C.C.NO.7015/2016, ACQUITTING THE RESPONDENT/ ACCUSED FOR THE OFFENCE P/U/S 138 OF THE N.I.ACT.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
Learned counsel for the appellant/complainant called-out. Absent.
Sri. H.V. Harish, the learned counsel appearing for respondent/accused is physically present before the Court.
This is an appeal filed by the complainant/appellant herein against the judgment of acquittal dated 02.05.2018 passed by the XXIII Additional Chief Metropolitan Magistrate, Nrupathunga Road, Bengaluru City in CCNo.7015/2016, in respect of offence under Section 138 of the Negotiable Instruments Act, 1881.
The Order Sheet discloses that, all along there was no representation on behalf of the appellant/complainant. Even on 13.01.2022, this Court has adjourned the matter finally by four weeks and in spite of the same, the learned counsel for the appellant/complainant has not appeared before the Court to prosecute the case. It indicates that, the appellant/complainant is not interested in prosecuting the case. Hence, the appeal stands dismissed for nonprosecution.
KGR*
Sd /- JUDGE
1 issue framed by the court
Whether the criminal appeal under Section 378(4) Cr.P.C. deserves admission to set aside the acquittal in a cheque dishonour case.
Sri. P. Subramani S/o Late V.A. Periappa
Sri. Sathyanarayana. T. N S/o Narayanappa
Rajendra Badamikar
As recorded by the court registry
2 orders share this CNR
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