In this criminal appeal challenging acquittal under the NI Act, the appellant's counsel was absent. The court dismissed the intra-court application for leave to file appeal due to lack of grounds and subsequently dismissed the appeal.
A2/2019 dismissed; Appeal dismissed.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL APPEAL NO. 1048 OF 2019
BETWEEN:
B.A. MURUGESH, SON OF B.G. ANJANEYA, AGED ABOUT 53 YEARS, BUSINESSMAN, NO.2516/1, 8TH MAIN ROAD, MCC ‘A’ BLOCK, DAVANAGERE-577 005.
…APPELLANT
(BY SRI. M.R. HIREMATHAD, ADVOCATE(ABSENT)) AND:
DIVYA MEDICALS, OWNER OF K. SHIVAKUMAR, SON OF KALLAPPA, AGED ABOUT 47 YEARS, BUSINESSMAN, 8TH MAIN, NEAR MG LAB, CHIKKAMANNI DEVARAJ URS EXTENSION, BEHIND KEB GRID, DAVANAGERE-577 005.
…RESPONDENT
Digitally signed by SOWMYA D Location: High Court of Karnataka
(BY SMT. SPOORTHY HEGDE NAGARAJA, ADVOCATE)
THIS CRL.A IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 11.01.2019, PASSED BY THE LEARNED III ADDITIONAL SENIOR CIVIL JUDGE AND VII ADDITIONAL MACT AT, DAVANAGERE IN C.C.NO.900/2017, ACQUITTING THE RESPONDENTS/ACCUSED FOR THE OFFENCE P/U/S 138 OF THE N.I ACT.
I.A.NO.2/2019 IS FILED UNDER SECTION 378(4) OF CR.P.C. PRAYING TO GRANT LEAVE.
THIS APPEAL COMING ON FOR ORDERS ALONG WITH THE I.A.2/2019 THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:46458 CRL.A No. 1048 of 2019
JUDGMENT
The learned counsel for appellant is called out. Absent.
fact that the cheque amount is not a legally enforceable debt as it includes the exorbitant interest portion, the learned Magistrate has held that there is no legally enforceable liability under the cheque.
NC: 2023:KHC:46458 CRL.A No. 1048 of 2019
appear before the Court so as to convince the Court regarding I.A.No.2/2019. Considering these aspects, no grounds are forthcoming for allowing I.A.No.2/2019 by granting leave to file appeal. Hence, I.A.No.2/2019 stands dismissed. Consequently, the appeal stands dismissed.
Sd/JUDGE
DS
List No.: 1 Sl No.: 7
1 issue framed by the court
Whether Criminal Appeal No. 1048 of 2019 and Intra Court Application No. 2/2019 be allowed in the absence of the appellant's counsel.
1 provisions across 1 enactments
B.A. MURUGESH
DIVYA MEDICALS
RAJENDRA BADAMIKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
