A criminal appeal filed under Section 378(4) Cr.P.C. regarding an acquittal for cheque dishonour was dismissed by the High Court because the appellant's counsel was absent and the appeal was not prosecuted after being pending since 2018.
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NC: 2023:KHC:43007 CRL.A No. 81 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL APPEAL NO. 81 OF 2018
BETWEEN:
SRI. H.K. KANTHARAJU, S/O KRISHNACHAR, R/O #224, BESIDE N.Y.M.HOUSE, BAGUR ROAD, CHANNARAYAPATNA-573 116. HASSAN DISTRICT.
…APPELLANT
(BY SRI. CHETHAN .B, ADVOCATE(ABSENT))
AND:
Digitally signed by SOWMYA D Location: High Court of Karnataka
SRI. SHIVASHANKAR, S/O SRI. SIDDAPPA, AGED ABOUT 49 YEARS, R/O RAJAGATTA (ADUVALLY) EXTENSION, HASSAN-573 201.
…RESPONDENT
(BY SRI. M N MADHUSUDHAN, ADVOCATE)
THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 12.12.2017 PASSED BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C., HASSAN IN C.C.NO.8932/2014 - 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:
NC: 2023:KHC:43007 CRL.A No. 81 of 2018
JUDGMENT
The learned counsel for the appellant called out, absent even during the second round.
This appeal is pending since, 2018. It appears, the appellant is not interested in prosecuting the appeal. Hence, the appeal stands dismissed for non prosecution.
Sd/JUDGE
SS
List No.: 1 Sl No.: 16
Sri. H.K. Kantharaju
Sri. Shivashankar
Rajendra Badamikar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
