This criminal appeal against acquittal in a Section 138 NI Act case was dismissed due to inordinate delay of 698 days without cogent explanation. The court also reserved liberty to seek indulgence for false prosecution proceedings.
Appeal and accompanying IA applications dismissed; liberty reserved for false prosecution proceedings.
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.
CRL.A.No.953/2019
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JANUARY 2022
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL APPEAL NO.953/2019
BETWEEN :
SRI.B.M.RANGASWAMY AGED ABOUT 54 YEARS S/O LATE MAGADAPPA R/AT NO.4 WHITE ROSE MARVEL APARTMENTS SURABI LAYOUT, YELAHANKA BENGALURU – 560 064 ... APPELLANT
(BY SRI PRABHUGOUD B. TUMBIGI, ADVOCATE)
AND :
SRI M.SHAMANNA AGED ABOUT 52 YEARS S/O LATE MUNIYAPPA R/O BANDI KODIGEHALLI VILLAGE JALA HOBLI BENGALURU NORTH TALUK BENGALURU – 562 149 ... RESPONDENT
(BY SRI SESHAGIRI RAO T., ADVOCATE)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378 (4) OF CR.P.C PRAYING TO SET ASIDE THE ORDER OF ACQUITTAL DATED 31.03.2017 PASSED BY THE XVIII ADDITIONAL C.M.M., BENGALURU IN C.C.NO.15883/2013 – ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT THROUGH VIDEO CONFERENCE DELIVERED THE FOLLOWING:
CRL.A.No.953/2019
2
JUDGMENT
Heard.
CRL.A.No.953/2019
3
CRL.A.No.953/2019
4
Learned counsel for the appellant at this stage submits that lenient view may be taken with regard to show cause notice issued against the appellant by the trial Court under Section 250 of Cr.P.C. for trying him for false prosecution.
Liberty is reserved to the appellant to seek indulgence of the trial Court in the proceedings under Section 250 of Cr.P.C.
Sd/JUDGE
pgg
2 issues framed by the court
Whether the inordinate delay of 698 days in filing the appeal should be condoned.
Whether the appellant could succeed in the appeal even if delay were condoned.
2 provisions across 2 enactments
Sri B.M. Rangaswamy
Sri M. Shanna
K.S. Mudagal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
