In an appeal against acquittal under cheque dishonour, the court dismissed the appeal as the appellant was absent despite the provision of notice and non-payment of the requisite process fee.
The appeal was dismissed for not taking proper steps to serve notice.
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 14TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL APPEAL NO. 664 OF 2020 (A)
BETWEEN:
Y. C. LAXMINARAYAN, S/O CHINNAPPA, AGED ABOUT 49 YEARS, R/O NO.1718, KAMAKSHAMMA BADAVANE MAIN ROAD, CHINNAPPA GARDEN, YELAHANKA, BENGALURU - 560 064.
…APPELLANT
(BY SMT. RASHMI R, ADVOCATE (ABSENT)
AND:
Digitally signed by SOWMYA D Location: High Court of Karnataka
ANJINAPPA Y.B, S/O BYRAPPA, AGED ABOUT 54 YEARS, R/O NO.16/4, KOGILU ROAD, NEAR KOGILU CIRCLE, NEXT TO SBM BANK, MARUTHI NAGAR, YELAHANKA, BENGALURU - 560 064.
…RESPONDENT
THIS CRL.A IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE ORDER OF ACQUITTAL DATED 31.07.2019 PASSED BY THE XII A.C.M.M., BANGALORE IN C.C.NO.18300/2017 - ACQUITTING THE RESPONDENT/ ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.
CRL.A No. 664 of 2020 NC: 2023:KHC:45511
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant is absent.
the appellant. In spite of order dated 03.11.2023, the process fee is not paid so as to issue notice to the respondent.
Hence, the appeal stands dismissed for not taking
proper steps.
Sd/JUDGE
URN List No.: 1 Sl No.: 9 CT: BHK
2 provisions across 2 enactments
Y. C. Laxminarayan
Anjinappa Y.B
Rajendra Badamikar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
