The High Court at Bengaluru dismissed a criminal appeal challenging the acquittal in a Section 138 NI Act case. The appellant failed to comply with a peremptory order for objections, leading to dismissal for default on 12.10.2022.
Criminal Appeal No.191/2019 dismissed for default due to non-compliance with peremptory order.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF OCTOBER, 2022
BEFORE
THE HON’BLE MS. JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.191/2019
BETWEEN :
SRI. JOSEPH RAJU, S/O SHANTHAAPA @ RAJAPPA, AGED ABOUT 61 YEARS, R/AT # 261, 17TH CROSS, 3RD BLOCK, 4TH STAGE, BASAVESHWARNAGAR, BANGALORE.
… APPELLANT
(BY SRI MANJUNATH V., ADVOCATE)
AND :
MR. INDRA KUMAR, S/O YELENANJAPPA, AGED ABOUT 56 YEARS, R/AT NO.686/3, DODDABANASAWADI, K.R. PURAM HOBLI, BANGALORE - 45.
… RESPONDENT
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) of CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT DATED 15.11.2018 PASSED BY THE XVI A.C.M.M. BANGALORE IN C.C.NO.27036/2014 ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT.
THIS CRIMINAL APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
On 09.03.2021 peremptory order is passed
granting three weeks' time to comply with office objections, failing which, the matter be listed today for dismissal.
direction.
Hence, appeal is dismissed for default .
Sd/JUDGE
pgg
1 issue framed by the court
Whether the criminal appeal should be dismissed for default due to non-compliance with the peremptory order.
SRI JOSEPH RAJU
MR. INDRA KUMAR
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
