Criminal appeal under Section 378(4) CrPC challenging acquittal in a Section 138 NI Act case. Counsel for appellant was absent repeatedly despite last chance; the court found the appellant not interested in prosecuting the appeal, rejected I.A.No.1/2015 and dismissed the appeal.
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CRL.A No. 32 of 2015 NC: 2024:KHC:11005
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.32 OF 2015
BETWEEN:
SRI ANJANAPPA N S/O SRI NARAYANAPPA, AGED ABOUT 38 YEARS, RES AT NAGOJI RAO BUILDING, KALLAPPA LAYOUT, AMRUTHAHALLI, SAHAKARANAGAR POST, BENGALURU - 560 092
…APPELLANT
(BY SRI. KUMAR K, ADVOCATE - ABSENT)
AND:
Digitally signed by REKHA R Location: High Court of Karnataka
SMT VANISHRI AGED ABOUT 38 YEARS, D/O PALANISWAMY, RES AT FLAT NO.112, "B-3" SUMADURA APARTMENT, MATHRU SHREE RESIDENCY, THINDLU MAIN ROAD, VIDYARANYAPURA, BENGALURU - 560 097
…RESPONDENT (BY SRI. VENKATRAM, ADVOCATE) THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO a) SET ASIDE THE ORDER OF ACQUITTAL IN THE JUDGMENT AND ORDER PASSED BY THE LEARNED XVIII ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU, IN C.C.NO.31707/2011 DATED 3.12.2014, IN ACQUITTING THE ACCUSED/RESPONDENT FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT; b) CONVICT AND SENTENCE, THE RESPONDENT / ACCUSED FOR THE OFFENCES WITH WHICH THEY HAD BEEN CHARGED; c)
CRL.A No. 32 of 2015 NC: 2024:KHC:11005
PASS SUCH OTHER ORDERS AS DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE IN THE ACCORDANCE WITH LAW, IN THE INTEREST 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 2015.
On 21.02.2024 also, there was no representation for
appellant and as a last chance the matter is posted today
with a condition that if the learned counsel for appellant fails to proceed with the matter, necessary orders would be passed.
It appears appellant is not interested in prosecuting the appeal.
Hence, I.A.No.1/2015 is rejected. Consequently, appeal is dismissed.
RR List No.: 1 Sl No.: 27
Sd/JUDGE
1 issue framed by the court
Should the acquittal under Section 138 NI Act be set aside and the respondent convicted?
2 provisions across 2 enactments
Sri Anjanappa N
Smt Vanishri
J.M.Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
