The High Court of Karnataka dismissed a criminal appeal filed under Section 378(4) Cr.P.C. for non-prosecution. The appellant failed to appear or provide representation in court despite a final listing notice.
The criminal 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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.832 OF 2017
BETWEEN:
M THIPPAIAH S/O G MUNIYAPPA, AGED ABOUT 56 YEARS, R/AT BHUVANAHALLI VILLAGE KASABA HOBLI, DEVANAHALLI TALUK - 572 918
...COMPLAINANT/APPELLANT
(BY SRI. SRINIVAS R, ADVOCATE - ABSENT)
AND
1 . M/S MAXWORTH REALITY INDIA LIMITED OFFICE AT NO.86, SHUBODAYA KUMARA PARK WEST RAILWAY PARALLEL ROAD NEHRU NAGAR BENGALURU - 560 020. REP BY ITS CHAIRMAN & MANAGING DIRECTOR MR. KESAVA K AND ALSO AT NO.22/1, RAILWAY PARELLAL ROAD NEHRU ROAD, BENGALURU - 560020.
2 . MR. KESAVA K S/O K MUNIYAPPA CHAIRMAN & MANAGING DIRECTOR M/S MAXWORTH REALITY INDIA LTD.,
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R/AT NO.17, 1ST D CROSS MATHIKERE BENGALURU - 560 054.
......ACCUSED/RESPONDENTS
(BY SRI. K.R.TULSI, ADVOCATE)
THIS CRIMINAL 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 SET ASIDE THE JUDGMENT DATED 15.02.2017 PASSED IN C.C.NO.353/2015 BY LEARNED XXI A.C.M.M. BANGALORE AND IT IS FURTHER PRAYED TO KINDLY CONVICT THE ACCUSED FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I.ACT, IN THE INTEREST OF JUSTICE.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
No representation for appellant.
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prosecuting the appeal.
Accordingly, appeal is dismissed for non-prosecution.
Sd/JUDGE
RR
1 issue framed by the court
Whether the criminal appeal filed under Section 378 Cr.P.C. against a judgment in cheque dishonor case should be allowed in the absence of representation?
2 provisions across 2 enactments
M THIPPAIAH S/O G MUNIYAPPA
M/S MAXWORTH REALITY INDIA LIMITED
MR. KESAVA K
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
