Appeal under Section 378(4) Cr.P.C. against acquittal in a cheque dishonour case was dismissed for non-compliance of office objections, as the appellant's counsel repeatedly remained absent and showed no interest in prosecuting the 2021 appeal.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL APPEAL NO. 308 OF 2021 (A)
BETWEEN:
M/S PARAGON POLY FILMS PVT LTD, PLOT. NO.7-D, KIADB INDUSTRIAL AREA, HOSKOTE - 562 114, BANGALORE RURAL DISTRICT, REPRESENTED BY ITS DIRECTOR, MR. LALITHKUMARKANKARIYA.
…APPELLANT
(BY SRI. KUMARGOUDA .R. PATIL, ADVOCATE (ABSENT))
Digitally signed by NANDINI B G Location: high court of karnataka
AND:
…RESPONDENTS
THIS CRL.A IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 05.02.2020 PASSED BY THE XXXIV ADDL.C.M.M., BENGALURU IN C.C.NO.50821/2019 - ACQUITTING THE RESPONDENT / ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.
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 again called at 2.43 pm.
The order sheet dated 27.09.2024 reads as under:
”The learned counsel for the appellant is absent. No representation. Appeal is of the year 2021. Inspite of matter listed third time for compliance of office objections, no progress in the matter.
Finally as a last chance, list after one week".
Inspite of that, there is no progress in the matter. The
appeal is of the year 2021. The office objections are not complied with even though the matter is listed for 6th time. It appears that the appellant is not interested in prosecuting the appeal.
Hence, the appeal is dismissed for non-compliance of office objections.
SD/(M G UMA) JUDGE
SPV List No.: 1 Sl No.: 30
2 provisions across 2 enactments
M/S Paragon Poly Films Pvt Ltd
Sri. Vinayaka Enterprises
Mr. Krishna Mahesh Nayak
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
