The High Court of Karnataka dismissed an appeal filed by an appellant convicted under Section 138 of the NI Act challenging a session court judgment that had dismissed his earlier appeal, holding the second appeal was not maintainable under Section 378 of Cr.P.C.
The appeal was dismissed as not maintainable.
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 10TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 1302 OF 2023
BETWEEN:
SRI. ANIL S/O RAMANNA AGED ABOUT 30 YEARS GIRIGOWDANADODDI THATTAGUPPE POST UTTARAHALLI HOBLI BENGALURU SOUTH TALUK BANGALORE – 560 082.
…APPELLANT
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
(BY SRI. VINUTHA S K, AND SRI BHASKAR N, ADVOCATES)
AND:
SRI. KRISHNAPPA S/O LATE GUNDAPPA AGED ABOUT 37 YEARS R/AT RAOGODLU COLONY UTTARAHALLI HOBLI BOLARE POST BANGALORE SOUTH TALUK BANGALORE – 560 082.
…RESPONDENT
THIS CRL.A IS FILED U/S 378 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 24.02.2022 PASSED BY THE II ADDITIONAL C.J.M., BENGALURU RURAL DISTRICT, BENGALURU IN C.C.NO.4280/2019 AND ORDER PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU
NC: 2023:KHC:28436 CRL.A No. 1302 of 2023
RURAL DISTRICT, BENGALURU IN CRL.A.No.47/2022 DATED 20.04.2023, FOR THE OFFENCE P/U/S 138 OF N.I. ACT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Crl.A.No.47/2022 dated 20.04.2023.
NC: 2023:KHC:28436 CRL.A No. 1302 of 2023
the judgment of conviction and sentence dated
24.05.2022 passed in C.C.No.4280/2019.
Sd/JUDGE
GH
List No.: 1 Sl No.: 2
1 issue framed by the court
Whether an appeal filed under Section 378 of Cr.P.C. challenging a judgment dismissing an earlier appeal is maintainable as a second appeal.
1 provisions across 1 enactments
SRI. ANIL S/O RAMANNA
SRI. KRISHNAPPA S/O LATE GUNDAPPA
SHIVASHANKAR AMARANNAVAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
