In Criminal Appeal No. 21 of 2018, filed under Section 378(4) CrPC, the High Court of Karnataka dismissed the appeal against an acquittal. The appellant was absent on the hearing date despite prior notice and undertakings to argue and pay costs.
Appeal dismissed for non-prosecution due to appellant's absence and failure to pay costs.
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.
NC: 2023:KHC:45420 CRL.A No. 21 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL APPEAL NO. 21 OF 2018
BETWEEN:
SRI. PRASANNA .B.M, S/O LATE MUDDAIAH, AGED ABOUT 42 YEARS, R/A NO.553, 2ND ‘B’ CROSS, 3RD BLOCK, 3RD STAGE, BASAVESHWARANAGARA, BANGALORE-560 079.
…APPELLANT
(BY SRI. SHIVAKUMAR .N, ADVOCATE(ABSENT)) AND:
Digitally signed by SOWMYA D Location: High Court of Karnataka
SRI. PRAKASH .C, S/O SRI. CHIKKAHANUMAIAH, AGED ABOUT 38 YEARS, R/A SINGAMARANAHALLI VILLAGE & POST, HUNSUR TALUK, MYSORE DISTRICT,
…RESPONDENT (BY SRI. H.S. LOKAPAL RAO, ADVOCATE) THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 07.10.2017 PASSED BY THE XIX ADDL.C.M.M., BENGALURU IN C.C.NO.3928/2016 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellant called out, absent, even during the second call at 1.15 p.m.
Even on the last date of hearing also there was an under taking to argue the matter and costs were also imposed. But costs were also not paid and there is no representation on behalf of appellant. Considering the conduct of the appellant, this appeal stands dismissed for non-prosecution.
Sd/JUDGE
DS
List No.: 1 Sl No.: 15
1 issue framed by the court
Whether Criminal Appeal No. 21 of 2018 will be allowed given the appellant's non-appearance and failure to pay costs.
1 provisions across 1 enactments
SRI. PRASANNA .B.M
SRI. PRAKASH .C
RAJENDRA BADAMIKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
