Criminal appeal under Section 378(4) CrPC in a Section 138 NI Act case was dismissed for non-prosecution as the appellant's counsel was absent repeatedly and office objections were not complied with.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 168 OF 2023 (A)
BETWEEN:
SRI. MANJUNATH L S/O LAKSHMIPATHY L AGED 42 YEARS, R/AT: NO.254, 6TH CROSS, BEML LAYOUT, 3RD STAGE, RAJARAJESHWARINAGAR, BENGALURU - 560 098
…APPELLANT
Digitally signed by NANDINI B G Location: high court of karnataka
(BY SRI. SANJAYA .B., ADVOCATE (ABSENT)) AND:
SRI. ARUN .M. S/O MUNISONNAPPA AGED ABOUT 39 YEARS, SPECIAL CORRESPONDENCE BETTAHALLI SULIBELE POST, HOSKOTE TALUK, BANGALORE RURAL - 562 129
…RESPONDENT
THIS CRL.A IS FILED U/S 378(4) OF CR.PC PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND SENTENCE IN C.C.NO.16755/2018 PASSED BY LEARNED XXII A.C.M.M. AT BENGALURU ORDER DATED 08.03.2022 AND CONVICT THE ACCUSED FOR HIS HAVING COMMITTED OFFENCE P/U/S 138 OF THE N.I ACT AND AWARD COMPENSATION AS PRAYED FOR IN THE COMPLAINANT.
THIS CRL.A, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL JUDGMENT
Learned counsel for the appellant is absent. No
representation even when the matter is passed over twice and called again.
The matter is listed for the fourth time for non compliance of office objections.
The order sheet dated 07.08.2024 reads as under:
"As prayed for by learned Counsel for the appellant, finally, a week's time is granted for compliance of office objections."
Inspite of that there is no representation nor compliance
of office objections. It appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed for non prosecution.
SD/(M G UMA) JUDGE
BH List No.: 1 Sl No.: 30
2 provisions across 2 enactments
Manjunath L
Arun M
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
