The High Court dismissed the criminal appeal filed under Section 372 CrPC challenging an acquittal order in a cheque bounce case, due to the appellant's non-prosecution and absence.
The appeal stands 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
CRIMINAL APPEAL NO. 146 OF 2018
BETWEEN:
MR. R. LAKSHMANA, S/O RAMANNA, AGED ABOUT 51 YEARS, R/AT BILISHIVALE VILLAGE, DODDAGUBBI POST, BIDARAHALLI HOBLI, BENGALURU - 560 077.
…APPELLANT
(BY SRI. V. VIJAYASHEKARA, ADVOCATE (ABSENT)
AND:
Digitally signed by SOWMYA D Location: High Court of Karnataka
MR. ANTHONY RAJ, S/O AROGYA SWAMY, AGED ABOUT 34 YEARS, R/A NO.8, MUDDANNA LAYOUT, NEXT TO ANGALA PARAMESHWARI TEMPLE, HENNUR, KALYANANAGAR POST, BENGALURU - 560 043.
(BY SRI. I. S. DEVAIAH, ADVOCATE FOR SRI. K. S. DEVARAJ, ADVOCATE)
…RESPONDENT
THIS CRL.A IS FILED U/S.372 OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 17.10.2017 PASSED BY THE XXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU IN CRL.A.NO.25048/2017 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.
CRL.A No. 146 of 2018 NC: 2023:KHC:43625
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant called out, absent.
representation on behalf of the appellant all along. It was also initially submitted that, the matter was already settled and the appellant has undertaken to withdraw the appeal. But no such memo is also filed.
appellant is not interested in prosecuting the matter any further.
Hence, the appeal stands dismissed for nonprosecution.
Sd/JUDGE
URN List No.: 1 Sl No.: 14 CT: BHK
1 issue framed by the court
Whether a criminal appeal can be dismissed for non-prosecution when the appellant is absent and the matter has been settled.
1 provisions across 1 enactments
MR. R. LAKSHMANA
MR. ANTHONY RAJ
RAJENDRA BADAMIKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
