Criminal appeal filed under Section 378(4) Cr.P.C. seeking conviction of the accused for a Section 138 NI Act offence after acquittal was dismissed for default, as appellant failed to comply with office objections and showed no interest in prosecuting the appeal.
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CRL.A No. 317 of 2021 NC: 2024:KHC:12452
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.317 OF 2021
BETWEEN:
SRI NARENDRA BABU AGED ABOUT 42 YEARS R/AT NO.42, 8TH CROSS D MAIN BRINDAVAN LAYOUT NEAR AYYAPPASWAMY TEMPLE L B SHASTRY NAGAR HAL POST, BENGALURU - 560 017
…APPELLANT
(BY SRI. UMESHA A R, ADVOCATE - ABSENT)
AND:
SRI NAVEEN KUMAR S/O VENKATESHAPPA R/AT KANAKAMAKANAHALLI VILLAGE MUNEGANAHALLI POST Digitally signed TADIGUL PANCHAYATH by REKHA R RONUR HOBLI Location: High SRINIVASPURA TALUK Court of AND ALSO NOW RESIDING AT Karnataka C/O VENKATESHAPPA (DIGUVAKOTE) KOTHAPALLI VILLAGE PADDUR POST, CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT NOW RESIDING AT SHETTAHALLI VILLAGE YELDHUR POST, SRINIVASAPURA TALUK KOLAR DISTRICT, KOLAR - 563 138
…RESPONDENT
THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 25.10.2019 PASSED BY THE LEARNED XV ADDITIONAL JUDGE
CRL.A No. 317 of 2021 NC: 2024:KHC:12452
AND XXIII A.C.M.M. COURT OF SMALL CAUSES, MAYO HALL UNIT, BENGALURU IN C.C.NO.52825/2016 AND CONVICT THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT AND COMPENSATE ADEQUATELY THE APPELLANT/COMPLAINANT UNDER SECTION 357 OF THE CODE OF CRIMINAL PROCEDURE, TO MEET THE ENDS OF JUSTICE.
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 2021 and coming for 5th 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.: 23
3 provisions across 2 enactments
Sri Narendra Babu
Sri Naveen Kumar S/o Venkateshappa
J.M.KHAZI
As recorded by the court registry
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