Appeal by Sicagen India Limited against acquittal of respondent for cheque dishonour dismissed for non-prosecution as counsel was absent.
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. 850 OF 2019
BETWEEN:
SICAGEN INDIA LIMITED, BUILDING MATERIALS DIVISION, NO.6682, SHAUKAT BUILDING, SILVER JUBILEE PARK ROAD, BANGALORE-560 002, (REPRESENTED BY AUTHORIZED PERSON VIVEKANANDAN .P.S, BRANCH MANAGER) …APPELLANT (BY SRI. SUGUMARAN .S, ADVOCATE(ABSENT)) AND:
MR. AAFAQ AHAMED, PARTNER, M/S TUBES & STEEL CO., NO.8, NEW BAMBOO BAZAAR, KALASIPALYAM, NEW EXTENSION, BANGALORE-560 002.
…RESPONDENT
Digitally signed by SOWMYA D Location: High Court of Karnataka
(RESPONDENT IS SERVED) THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 02.07.2018 PASSED BY THE LVIII ADDL.C.M.M., BENGALURU IN C.C.NO.50191/2015 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.
I.A.NO.1/2019 IS FILED UNDER SECTION 5 OF LIMITATION ACT, 1963 PRAYING TO CONDONE THE DELAY OF 234 DAYS IN FILING THE APPEAL. I.A.NO.1/2021 IS FILED UNDER SECTION 378(4) OF CR.P.C. PRAYING TO GRANT LEAVE.
THIS APPEAL COMING ON FOR ORDERS ALONG WITH THE I.A.1/2019 & I.A.NO.1/2021 THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for appellant is absent even during the second call.
The order sheet discloses that all along there is no representation on behalf of the appellant. Considering the conduct of the appellant, the appeal stands dismissed for non-prosecution. Consequently, I.A.No.1/2021 filed for special leave & I.A.No.1/2019 for condonation of delay also stand dismissed.
Sd/JUDGE
DS
List No.: 1 Sl No.: 5
2 provisions across 2 enactments
Sicagen India Limited
Mr. Aafaq Ahamed
Rajendra Badamikar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
