Criminal appeal under Section 378(4) Cr.P.C against dismissal of a complaint was dismissed for default as the appellant failed to appear or comply with office objections despite repeated opportunities.
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.
CRL.A No. 302 of 2020 NC: 2024:KHC:12454
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL APPEAL NO.302 OF 2020
BETWEEN:
SRI. SANTHOSH M SHET S/O LATE MARUTHI SHET AGED ABOUT 33 YEARS NO.232, SREE DHANALAKSHMI JEWELLERY WORKS, ISEC MAIN ROAD NAGARABHAVI VILLAGE BENGALURU - 560 072
…APPELLANT
(BY SRI. T MOHANDAS SHETTY, ADVOCATE - ABSENT)
AND:
Digitally signed by REKHA R Location: High Court of Karnataka
SRI KUMAR N S/O NAGARAJ MAJOR, SCHOOL MASTER GOVERNMENT SCHOOL MALIYAPPANA PALYA MUTHAIANA PALYA KALKERE VILLAGE CHIKKA SANDRA (HOBLI) DODDAMENSEGERE (POST) RAMANAGAR DISTRICT
AND ALSO AT SRI KUMAR N S/O NAGARAJ MAJOR, R/AT BILLIN AKOTE NH4, SOMPURA, DABUSPET HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT
…RESPONDENT
THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO SET ASIDE THE ORDER OF DISMISSAL PASSED BY THE XXIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN C.C.NO.20473/2015 DATED 26.02.2018 TOGETHER WITH SUCH OTHER RELIEFS THIS HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE, IN THE ENDS OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
No representation for appellant.
No representation for appellant even in the afternoon session.
This matter is of the year 2020 and coming for 4th time for compliance of office objections.
Despite granting sufficient time, office objections have not been complied with.
It appears appellant is not interested in prosecuting the appeal.
Hence, appeal is dismissed for default.
Sd/JUDGE
RR
List No.: 1 Sl No.: 19
1 provisions across 1 enactments
Sri Santhosh M Shet
Sri Kumar N
J.M. Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
