Appeal against acquittal under Section 138 NI Act dismissed for non-compliance of office objections; counsel absent and appellant shown not interested in prosecuting the appeal.
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NC: 2024:KHC:45344 CRL.A No. 1174 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 1174 OF 2023 (A)
BETWEEN:
MR. YOGESHA N.M. S/O LATE MARIYAPPA AGED ABOUT 39 YEARS RESIDING AT NUGGAHALLI VILLAGE KASABA HOBLI, PANDAVAPURA TALUK MANDYA DISTRICT - 571 434.
Digitally signed by NANDINI B G Location: high court of karnataka
…APPELLANT (BY SRI. SANNE GOWDA .S., ADVOCATE (ABSENT))
AND:
MS. LAKSHMI M.S W/O SHIVANANDA K.R AGED ABOUT 48 YEARS RESIDING AT NO.260 ARKESWARA NILAYA KEMPEGOWDA ROAD OLD TOWN MANDYA CITY AND ALSO WORKING AS LECTURER IN COMMERCE DEPARTMENT GOVT. WOMEN'S COLLEGE, MANDYA CITY
…RESPONDENT
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 23.01.2023 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, PANDAVAPURA IN C.C.NO.738/2018 WHICH ACQUITTED THE ACCUSED/RESPONDENT FOR THE OFFENCE P/U/S 138 OF N.I. ACT AND PUNISH THE ACCUSED FOR THE COMMITTED BY HIM U/S 138 OF N.I. ACT AS PRAYED FOR IN C.C.NO.738/2018.
THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA
NC: 2024:KHC:45344 CRL.A No. 1174 of 2023
ORAL JUDGMENT
Learned counsel for the appellant is absent. No
representation.
There is non compliance of office objections even though the matter is listed for third time. It appears that the appellant is not interested in prosecuting the appeal.
Hence, the petition is dismissed for non compliance of office objections.
Sd/(M G UMA) JUDGE
*bgn/CT:VS List No.: 1 Sl No.: 12
2 provisions across 2 enactments
Yogesha N.M. S/o Late Mariyappa
Lakshmi M.S W/o Shivananda K.R
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
