A complainant's appeal against an acquittal under Section 138 N.I. Act was dismissed by the High Court of Karnataka for non-compliance of a peremptory order dated 17.02.2021.
The appeal was dismissed for non-compliance of the peremptory order dated 17.02.2021.
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.
CRL.A.No.1428/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JANUARY 2022
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL APPEAL NO.1428/2018
BETWEEN :
DELHI LAMPS REP. BY ITS PROPRIETOR MR. B.K.SHARMA S/O LATE SRI.SHIVANARAYAN SHARMA AGED ABOUT 54 YEARS HAVING ITS REGISTERED OFFICE AT: # 105, UNIT 3, 2ND CROSS KANAKANAGAR, R.T.NAGAR BANGALORE – 560 032 ... APPELLANT (BY SMT DEEKSHA SHARMA, ADVOCATE)
AND :
CRL.A.No.1428/2018
2
LIGHTING ZONE AND APPLIANCES HAVING ITS REGISTERED OFFICE AT: NO.2/3, SIDDAGANGA BHAVAN NEAR ABHINAYA THEATRE B.V.K. IYENGAR ROAD BANGALORE – 560 053 ALSO WORKING AT: J.P. LIGHTS AND APPLIANCES # 109/1, SERVICE RING ROAD BANASWADI BANGALORE – 560 043 ... RESPONDENTS
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 04.05.2018 PASSED BY THE LVIII A.C.M.M., MAYO HALL UNIT, BANGALORE IN C.C.NO.52407/2017 – ACQUITTING THE RESPONDENTSS/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT THROUGH VIDEO CONFERENCE DELIVERED THE FOLLOWING:
JUDGMENT
This is a complainant’s appeal against the order
of acquittal for the offence punishable under Section 138 of N.I. Act.
Despite granting sufficient opportunity, needful is not done. The peremptory order dated 17.02.2021
is not complied. Therefore, the appeal is dismissed .
Sd/JUDGE
pgg
2 provisions across 2 enactments
Delhi Lamps Rep. by its Proprietor Mr. B.K.Sharma
Lighting Zone and Appliances
Mrs. Bhuvaneshwari Jagan
Mr. Vinod
K.S.Mudagal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
