The criminal appellate court dismissed a private complaint regarding cheating and criminal breach of trust without engaging substantive merits, directing it be returned to the appropriate court. Justice J.M. Khazi disposed of the appeal for statistical purposes.
Registry directed to return the complaint to the appropriate Court for presentation there.
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 24TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.2021 OF 2022
BETWEEN:
SMT. B. SARASWATHI W/O R. GOVINDARAJU, AGED ABOUT 54 YEARS R/AT NO.90, NEW NO.38, GROUND FLOOR, NEAR ASHA RESIDENCY, SRINIVAGILU MAIN ROAD, EJIPURA 5TH CROSS, VIVEKANAGARA POST, BENGALURU - 560 047.
...COMPLAINANT/ APPELLANT
(BY SRI. S. RAJASHEKAR, ADVOCATE)
AND
SMT. VASANTHI W/O YADHAVENDRA, AGED ABOUT 45 YEARS, R/AT # 38, (OLD NO.90/1) FIRST FLOOR, NEAR ASHA RESIDENCY, SRINIVAGILU MAIN ROAD, EJIPURA 5TH CROSS, VIVEKANAGARA POST, BENGALURU - 560 047.
..ACCUSED/ RESPONDENT
THIS CRIMINAL APPEAL FILED U/S 378(4) CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 12.09.2022 PASSED BY THE LEARNED XXIX ADDL.C.M.M., MAYO HALL, BENGALURU IN PCR. NO.55311/2017 DISMISSING THE PRIVATE COMPLAINT FOR THE OFFENCE P/U/S 447, 448, 451, 453 AND 454 OF IPC BY ALLOWING THIS APPEAL AND CONVICT THE ACCUSED FOR THE AFORESAID OFFENCES.
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THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Heard and perused the record.
maintainability, learned counsel for the appellant submits that the complaint may be returned for presentation before the appropriate Court. The time spent before this Court shall be ignored for the purpose of limitation.
For statistical purpose, this appeal stand disposed of.
Sd/JUDGE
LL/RR
Smt. B. Saraswathi
Smt. Vasantha
J.M. Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
