The High Court of Karnataka dismissed Criminal Appeal No.972 of 2018 for default as the appellant failed to appear and pursue the appeal after being granted time.
Dismissal of the criminal appeal for default.
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 OCTOBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.972 OF 2018
BETWEEN:
MOHAN KRISHNA SON OF LATE NARAYANASWAMY, AGED ABOUT 45 YEARS RESIDING AT NO.228, 1ST MAIN, 1ST CROSS, CHAMARAJAPET, BENGALURU - 560 018 …COMPLAINANT/APPELLANT (BY SRI. T.N.GOPALA GOWDA, ADVOCATE - ABSENT)
AND:
MUJAHID PASHA P SON OF LATE PYARE JAN, AGED ABOUT 41 YEARS R/AT NO.72, 1ST FLOOR, 5TH "A" MAIN, BHUVANESHWARI NAGARA, SULTAN PALYA MAIN ROAD, R T NAGAR POST, BENGALURU - 560 032
...ACCUSED/RESPONDENT
THIS APPEAL IS FILED UNDER SECTION 378(4) OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO a) SET ASIDE THE IMPUGNED JUDGMENT PASSED IN C.C.NO.14468/2015 BY THE XVIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, DATED 07.04.2018 AND CONVICT THE RESPONDENT/ACCUSED FOR THE SENTENCE AS PRESCRIBED UNDER LAW FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 AND TO AWARD SUITABLE COMPENSATION IN FAVOUR OF APPELLANT/COMPLAINANT UNDER SECTION 357 OF CODE OF CRIMINAL PROCEDURE AND b) GRANT SUCH OTHER ORDER/S/RELIEF/S AS THIS
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HON'BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
No representation for appellant.
afternoon session.
was granted to do the needful, failing which appeal shall stand dismissed.
Hence, appeal is dismissed for default.
Sd/-
JUDGE
RR
MOHAN KRISHNA SON OF LATE NARAYANASWAMY
MUJAHID PASHA P SON OF LATE PYARE JAN
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
