In a criminal appeal filed under Section 378(4) Cr.P.C. cheque dispute, the High Court of Karnataka dismissed the appeal for non-prosecution as the appellant had no interest in continuing the case despite sufficient opportunity.
Criminal 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 15TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 733 OF 2014
BETWEEN:
KANAKRAJ KANUNGA, S/O NEINMAL, AGED ABOUT 34 YEARS, PROPRIETOR OF M/S MAHAVEER METAL, NO.14, LAKSHMI MARKET, SIDDANNA LANE, J.M.ROAD CROSS, BANGALORE - 560 078.
…APPELLANT
(BY SRI. S.S. HIREMATH, ADVOCATE (ABSENT) ) AND:
Digitally signed by SANDHYA S Location: High Court of Karnataka
MR. CHANNAPPA. H, AGED ABOUT 40 YEARS, RESIDING AT NO.51, 3RD CROSS, SANTRIPTI NAGAR, J.P.NAGAR 7TH PHASE, BANGALORE - 78. …RESPONDENT
(BY SRI. SHRINATH A, ADVOCATE (ABSENT) )
THIS CRL.A IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:19.8.2014, PASSED BY THE XXII ADDL. CMM, BANGALORE CITY, IN C.C.NO.16007/2014 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.
NC: 2023:KHC:45739 CRL.A No. 733 of 2014
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
None present.
Despite sufficient opportunity provided to the appellant,
the appellant has no interest in prosecuting the case. Hence, I pass the following:
ORDER
Appeal is dismissed for non-prosecution .
Sd/JUDGE
JY List No.: 1 Sl No.: 16 CT: BHK
1 provisions across 1 enactments
KANAKRAJ KANUNGA
MR. CHANNAPPA. H
G BASAVARAJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
