The High Court of Karnataka dismissed criminal appeals filed to challenge acquittals under Section 138 of the Negotiable Instruments Act due to the appellant's non-prosecution after being granted time to present representations.
Criminal Appeals No.743 and 744 of 2018 were 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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.743 OF 2018 C/W CRIMINAL APPEAL NO.744 OF 2018
IN CRIMINAL APPEAL NO.743 OF 2018
BETWEEN:
SRI TEJRAJ K JAIN S/O LATE KEWAL CHAND, AGED ABOUT 43 YEARS RESIDING AT NO.138, 1ST FLOOR, KILARI ROAD, BENGALURU - 560 043
...COMPLAINANT/APPELLANT
(BY SRI. JAGADEESHWAR J, ADVOCATE - ABSENT)
AND
MR SAMEER AHAMED SHARIEFF S/O.NOT KNOWN, AGED ABOUT 30 YEARS R/AT NO.95/2, 6TH MAIN ROAD, 4TH CROSS, SHAMANNA NAGAR, MYSORE ROAD, BENGALURU - 560 083.
.... ACCUSED/RESPONDENT
THIS APPEAL FILED U/S 378(4) OF CR.P.C BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO a) SET ASIDE THE IMPUGNED ACQUITTAL ORDER DATED 17.10.2017 PASSED BY THE XXI ADDL. CHIEF METROPOLITAN MAGISTRATE BENGALURU, C.C.NO.26385/2016. AND CONSEQUENTLY
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ALLOW THIS APPEAL BY CONVICTING THE RESPONDENT FOR OFFENCE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT TO MEETS THE ENDS OF JUSTICE AND b) TO PASS SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE.
IN CRIMINAL APPEAL NO.744 OF 2018
BETWEEN:
SRI TEJRAJ K JAIN S/O LATE KEWAL CHAND, AGED ABOUT 43 YEARS RESIDING AT NO.138, 1ST FLOOR, KILARI ROAD, BENGALURU - 560 043
...COMPLAINANT/APPELLANT
(BY SRI. JAGADEESHWAR J, ADVOCATE - ABSENT)
AND
MR SAMEER AHAMED SHARIEFF S/O.NOT KNOWN, AGED ABOUT 30 YEARS R/AT NO.95/2, 6TH MAIN ROAD, 4TH CROSS, SHAMANNA NAGAR, MYSORE ROAD, BENGALURU - 560 026.
.... ACCUSED/RESPONDENT
THIS APPEAL FILED U/S 378(4) OF CR.P.C BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO a) SET ASIDE THE IMPUGNED ACQUITTAL ORDER DATED 17.10.2017 PASSED BY THE XXI ADDL. CHIEF METROPOLITAN MAGISTRATE BENGALURU, C.C.NO.26383/2016. AND CONSEQUENTLY ALLOW THIS APPEAL BY CONVICTING THE RESPONDENT FOR OFFENCE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT TO MEETS THE ENDS OF JUSTICE AND b) TO PASS SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE
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COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE.
THESE CRIMINAL APPEALS COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
No representation for appellant.
do the needful, failing which necessary orders would be passed for dismissal of appeal.
Accordingly, appeals are dismissed for non-
prosecution.
Sd/JUDGE
RR
SRI TEJRAJ K JAIN
MR SAMEER AHAMED SHARIEFF
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
