In Criminal Appeal No.303/2011 concerning an offence under Section 138 of the NI Act, the High Court of Karnataka dismissed the appeal filed by the complainant for non-prosecution, noting the appellant's absence and lack of interest despite the case being pending since 2011.
The appeal was dismissed for non-prosecution.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2022
BEFORE
THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR
CRIMINAL APPEAL No.303/2011
BETWEEN:
SMT. M. SOUBHAGYALAKSHMI PROP. VENKATARAMANA CHEMICALS NO.39, BHARATH COMPLEX NO.175, A.S. CHAR STREET BANGALORE-53 REPRESENTED BY HER POWER OF ATTORNEY M. SREERAMA MURTHY
….APPELLANT
(BY SRI. V. LAKSHMIKANTH RAO, ADVOCATE(ABSENT))
AND:
SRI. R.S. VENKATARAMAN MANAGING DIRECTOR KEMPCITY AGRO EXPORT PVT. LTD. AGED ABOUT 55 YEARS NO.40, DOCTORS LAYOUT GANDHIPURAM WHITE FIELD, BENGALURU
…RESPONDENT
(BY SRI. VIJAYKUMAR PRAKASH, ADVOCATE)
THIS APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DT:24.01.2011 PASSED BY THE XV ADDL.C.M.M., BANGALORE IN C.C.NO.3170/2008ACQUITTING THE PRESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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J U D G M E N T
Learned counsel for the appellant called out, absent.
Learned counsel for the respondent is present.
prosecution.
Sd/-
JUDGE
NS
1 issue framed by the court
Whether an appeal under Section 378(4) Cr.P.C. be dismissed due to lack of prosecution by the appellant.
1 provisions across 1 enactments
Smt. M. Soubhagyalakshmi Prop. Venkataramana Chemicals No.39
Sri. R.S. Venkataraman
Rajendra Badamikar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
