This court dismissed the criminal appeal filed against an acquittal under Section 138 N.I. Act because the appellant/complainant was not interested in prosecuting the matter, resulting in a decision for non-prosecution.
Appeal 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.249 OF 2018
BETWEEN:
SMT. KALLESHWARI @ S. KALLAMMA, W/O LATE Y.R. RAJESH, AGED ABOUT 35 YEARS, R/AT NO.1627, 3RD CROSS, MAHALAKSHMI LAYOUT, BANGALORE - 560 086. …APPELLANT (BY SRI. M.G. GHORPADE SHEREGAR, ADVOCATE (ABSENT)
AND:
Digitally signed by SOWMYA D Location: High Court of Karnataka
MS. ASGAR MOHAMMED ISAQ, S/O MOHAMMED ISAQ, AGE: MAJOR, 2ND CROSS, GANDHINAGAR, ARABIA COLLEGE MAIN ROAD, K.G. HALLI, BANGALORE - 560 045.
…RESPONDENT (BY SRI. YASEEN SALEHA, ADVOCATE)
THIS CRL.A IS FILED U/S 378(4) OF CRPC PRAYING TO SET ASIDE THE ORDER DATED 07.11.2017 PASSED BY THE XX A.C.M.M., BANGALORE IN C.C.NO.13221/2013 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I ACT AND ETC.,
NC: 2023:KHC:43721 CRL.A No. 249 of 2018
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
There is no representation on behalf of the appellant.
Sd/JUDGE
MS* List No.: 1 Sl No.: 16 CT: BHK
1 issue framed by the court
Whether a criminal appeal should be dismissed when the complainant/appellant is not interested in prosecuting the matter.
2 provisions across 2 enactments
Smt. Kalleshwari @ S. Kallamma
Ms. Asgar Mohammed Isaq
Rajendra Badamikar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
