In Crl.A. No. 551 of 2019, the Karnataka High Court dismissed an appeal against the acquittal of the respondent in an offence under Section 138 of the Negotiable Instruments Act, 1881, due to the consistent non-appearance of the appellant.
Appeal dismissed for non-prosecution due to consistent absence of the appellant.
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 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL APPEAL NO. 551 OF 2019
BETWEEN:
SRI. PARSHWANATH JAIN, SON OF PUTTEGOWDA JAIN, AGE 45 YEARS, RESIDING AT NO.639, 9TH ‘A’ CROSS, KAVI PONNA ROAD, SRINAGARA, BENGALURU-560 050.
…APPELLANT
(BY SRI. PARAMESWARAPPA .C, ADVOCATE(ABSENT)) AND:
SMT. SUNITHA RAMACHANDRA PATIL, WIFE OF RAMACHANDRA K. PATIL, RESIDING AT NO.13, 8TH MAIN ROAD, BYRASANDRA, I BLOCK, JAYANAGAR, BANGALORE - 560 011.
Digitally signed by SOWMYA D Location: High Court of Karnataka
ALSO AT: SHOP NO.7, GROUND FLOOR, NO.149/44-1, BYRASANDRA MAIN ROAD, 1ST BLOCK EAST, JAYANAGAR, BANGALORE - 560 011 AND AT NO.1663, 5TH MAIN, 6TH CROSS, RPC LAYOUT, II STAGE, VIJAYANAGAR, BANGALORE - 560 040.
…RESPONDENT (BY SRI. NAGENDRA SHETTY AND SRI. H. MEERA KESHAVA MURTHY, ADVOCATE)
THIS CRL.A. IS FILED U/S 378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 13.02.2019 PASSED BY THE XVI A.C.M.M., BANGALORE IN C.C.NO.27347/2014 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 ON N.I ACT.
NC: 2023:KHC:46444 CRL.A No. 551 of 2019
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for appellant is absent.
Sd/JUDGE
DS
List No.: 1 Sl No.: 20
1 issue framed by the court
Whether the criminal appeal under Section 378(4) Cr.P.C. regarding the quashing of a conviction under Section 138 NI Act should be admitted and decided in the absence of the appellant.
1 provisions across 1 enactments
Sri. Parshwanath Jain
Smt. Sunitha Ramachandra Patil
Rajendra Badamikar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
