Appeal under Section 378(4) CrPC challenging acquittal in a Section 138 NI Act cheque-dishonour case. Counsel filed a memo to retire, appellant was absent with office objections uncomplied; the court dismissed the appeal for non-prosecution.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 408 OF 2023
BETWEEN:
SRI. M.A. RAGHAVENDRA, S/O ANNEGOWDA, AGED ABOUT 39 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KASABA HOBLI, HOLENARASIPURA TALUK 573 211
…APPELLANT
(BY SRI. RAGHU M.N., ADVOCATE (ABSENT))
AND:
SRI. K.S. BABU, S/O SRINIVASA, AGED ABOUT 43 YEARS, Digitally R/AT KORAVANAGUNDI VILLAGE, signed by SWAPNA V THIRUGANAHALLI POST, Location: high HONAKERE HOBLI, court of karnataka NAGAMANGALA TALUK, MANDYA DISTRICT 571 432
…RESPONDENT
THIS CRL.A. IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER OF ACQUITTAL DATED 02.12.2022 IN C.C.NO.944/2017 ON THE FILE OF THE HONBLE CIVIL JUDGE AND JMFC, HOLENARASIPURA BY ALLOWING THIS APPEAL, CONSEQUENTLY CONVICT THE RESPONDENT/ACCUSED FOR
THE OFFENCE P/U/S.138 OF NI ACT AND PUNISH HIM BY PASSING PROPER SENTENCE IN ACCORDANCE WITH LAW.
THIS APPEAL, 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
appellant has filed a memo seeking permission to retire from the case. He has produced a copy of the notice dated 29.04.2023 addressed to the appellant along with the postal receipt and the postal track consignment, according to which the notice addressed to the appellant is delivered to the addressee.
retire.
prosecuting the appeal.
Accordingly, appeal stands dismissed for non-
prosecution.
Sd/(M G UMA) JUDGE
SS List No.: 2 Sl No.: 3
2 provisions across 2 enactments
Sri. M.A. Raghavendra
Sri. K.S. Babu
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
