The Karnataka High Court dismissed Criminal Appeal No.970/2018 against an order of acquittal under Section 138 of the Negotiable Instruments Act. The court noted the appellant's persistent absence and lack of interest over six hearing dates and dismissed the appeal for non-prosecution.
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.
CRL.A.No.970/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY 2022
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL APPEAL NO.970/2018
BETWEEN:
SMT.KRISHNAVENI S W/O LATE SELVARAJ AGED ABOUT 42 YEARS R/AT NO.741, 2ND CROSS 5TH MAIN, KAMALANAGAR BANGALORE – 560 079 ... APPELLANT
(BY SRI.C.S.KUMAR, ADV.(ABSENT))
AND:
SRI.JAYARAMA REDDY S/O GOVINDARAJU AGED ABOUT 56 YEARS R/AT NO.133/A, 4TH BLOCK RAJAJINAGAR BANGALORE – 560 010 ... RESPONDENT
(BY SRI.JAYARAM REDDY- RESPONDENT SERVED)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 16.11.2017 PASSED BY THE XXII ADDITIONAL C.M.M., BENGALURU IN C.C.NO.4907/2017ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.ACT.
CRL.A.No.970/2018
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THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT THROUGH VIDEO CONFERENCE DELIVERED THE FOLLOWING:
JUDGMENT
No representation for the appellant. The records show that since last six hearing dates, there was no representation for the appellant. This appeal is against the order of acquittal. It appears that the appellant is not interested in prosecuting the matter.
Therefore, the applications and the appeal are dismissed for non-prosecution.
Sd/JUDGE
PKN
2 issues framed by the court
Whether the present appeal deserves adjudication when the appellant remained absent and showed lack of interest in prosecution for six consecutive hearing dates.
Whether the Criminal Appeal should be dismissed on grounds of non-prosecution.
2 provisions across 2 enactments
Smt. Krishnaveni S
Sri. Jayarama Reddy
K.S. Mudagal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
