An appeal filed under Section 378(4) CrPC was dismissed for default as the appellant failed to comply with office objections and demonstrated no interest in prosecuting the appeal.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.1590 OF 2019
BETWEEN:
M/S. NANDAJYOTHI CHITS INDIA PVT. LTD., CORPORATE OFFICE AT "SRI RAM BUILDING", 1ST FLOOR, OPP. H A L G BJ QUARTERS, VARTHUR MAIN ROAD, MARATHAHALLI, BENGALURU - 560 037, REP. BY ITS DIRECTOR, SRI. M. MAHANTESH NANDI KOLMATH, AGED ABOUT 43 YEARS.
… COMPLAINANT/APPELLANT (BY SRI. P.P.JAYAKUMAR, ADVOCATE - ABSENT)
AND:
MR. R. MANJUNATH S/O. RAMAPPA, AGED ABOUT 43 YEARS, RESIDING AT NO.1020, 7TH MAIN ROAD, SRINIVASNAGAR, BASAVANAGUDDI, BENGALURU - 560 050.
...ACCUSED/RESPONDENT
THIS APPEAL IS FILED UNDER SECTION 378(4) OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO a) SET ASIDE THE JUDGMENT OF ACQUITTAL PASSED BY THE LVIII ADDL. CHIEF METROPOLITAN MAGISTRATE MAYO HALL AT BANGALORE, DATED 06.06.2019 IN C.C.NO.59035/2017, IN TURN PUNISH THE RESPONDENT/ACCUSED IN ACCORDANCE WITH LAW AND ALSO AWARD THE COMPENSATION U/S 357 OF THE CR.P.C THEREBY DIRECTING THE ACCUSED TO PAY DOUBLE THE AMOUNT OF THE CHEQUE IN THE INTEREST OF
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JUSTICE; b) GRANT SUCH OTHER RELIEF/RELIEFS AS THIS HON'BLE COURT DEEMS FIT AND PROPER 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 appellant.
Hence, appeal is dismissed for default.
Sd/JUDGE
RR
M/s. Nandajyothi Chits India Pvt. Ltd.
Mr. R. Manjunath
J.M.Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
