Criminal Appeal filed by an accused person seeking to set aside an acquittal order in a cheque dishonour case. The Court held that the appeal is not maintainable as the appellant had been acquitted, and consequently dismissed it.
The criminal appeal was dismissed as not maintainable since the appellant was acquitted in the trial court.
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.
NC: 2024:KHC:36393 CRL.A No. 1624 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 1624 OF 2024 (A)
BETWEEN:
SMT. M .S UMA MAHESHWARI W/O RAGHUNATH AGED ABOUT 52 YEARS, R/AT # 408/1, SRI GANAPATHI SACHINANADA ASHRAMA POST, MYSURU
…APPELLANT
Digitally signed by SWAPNA V Location: high court of karnataka
(BY SRI. MOHANKRISHNA R.G., ADVOCATE (ABSENT))
AND:
SRI. THIRUVENGADATHAN S/O LATE RAMASWAMY AGED ABOUT 53 YEARS, R/AT #158, 3RD MAIN KUVEMPUNAGAR, MYSURU
…RESPONDENT
THIS CRL.A IS FILED U/S 378(4) CR.PC (FILED U/S 419 OF BNSS) PRAYING TO 1) ADMIT THE APPEAL AND CALL FOR A RECORDS IN C.C.1122/2018, ON THE FILE OF HONBLE X ADDL. CIVIL JUDGE AND JMFC COURT IN MYSURU. 2) THE SET ASIDE THE IMPUGNED JUDGMENT ORDER DATED 06.04.2024 N C.C.NO.1122/2018 BY THE HONBLE X ADDL. CIVIL JUDGE AND JMFC COURT IN MYSURU.
THIS CRL.A, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
NC: 2024:KHC:36393 CRL.A No. 1624 of 2024
ORAL JUDGMENT
Learned counsel for the appellant is absent. No
representation.
The office has raised objections regarding maintainability of the appeal. The appellant being the accused is seeking to set aside the judgment dated 06.04.2024 passed in C.C.No.1122/2018, on the file of the learned X Additional Civil Judge, JMFC, Court, Mysore. As per the impugned judgment referred to by the appellant, the appellant - accused is acquitted for the offence punishable under Section 138 of NI Act. Hence, office objections regarding maintainability of the appeal is upheld.
Hence, the appeal is dismissed.
Sd/(M G UMA) JUDGE
SPV List No.: 1 Sl No.: 10
1 issue framed by the court
Whether a criminal appeal is maintainable when the accused has been acquitted in the trial court.
3 provisions across 3 enactments
Smt. M. S Uma Maheshwari
Sri. Thiruvengadathan
M G UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
