The court dismissed the criminal appeal challenging an acquittal in an NI Act case because steps to summon the legal representatives of the deceased appellant were not taken.
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 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 137 OF 2013 (A)
BETWEEN:
SMT. NINGAMMA @ CHIKKATAYAMMA, W/O. LATE NINGEGOWDA @ MARIGOWDA, BOMMANAHALLI VILLAGE, DIDDA HOBLI, MANDYA TALUK AND DISTRICT.
…APPELLANT (BY SRI SHASHIDHAR BELAGUMBA, ADVOCATE FOR SMT. S THEJASHWINI, ADVOCATE)
AND:
SRI M. SATHYPRIYANANDA, OWNER OF ANNAPOORNESHWARI TRADERS, MERCHANT OF TAILS AND PAINTS, OLD M.C ROAD, MANDYA CITY- 571 401.
RESIDENTIAL ADDRESS:
Digitally signed by SANDHYA S Location: High Court of Karnataka
M.SATHYPRIYANANDA, CHAMMUNDESHWARI NAGAR, 5TH CROSS, 'MASTHAMMA NILAYA', NO. 1942, MANDYA CITY, MANDYA - 571 401.
…RESPONDENT
(BY SRI T P SATISHCHANDRA, ADVOCATE)
THIS CRL.A IS FILED U/S. 378(4) CR.P.C BY THE ADV., FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 27.8.12 PASSED BY THE JMFC, MANDYA IN C.C.NO.1042/2008 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.
NC: 2023:KHC:44356 CRL.A No. 137 of 2013
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Appellant's counsel present.
Steps are not taken to bring the LRs of deceased Appellant. Hence, the appeal is dismissed.
Sd/JUDGE
tsn* List No.: 1 Sl No.: 2
SMT. NINGAMMA @ CHIKKATAYAMMA, W/O. LATE NINGEGOWDA @ MARIGOWDA
SRI M. SATHYPRIYANANDA
G BASAVARAJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
