A complainant's appeal against acquittal of the accused for cheque dishonour came up repeatedly for compliance of office objections. The appellant failed to take steps despite a conditional dismissal order, and the appeal was dismissed for default as he was not prosecuting it.
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CRL.A No. 409 of 2023 NC: 2024:KHC:10591
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.409 OF 2023
BETWEEN:
SRI ONKAR NAIK S/O BUTTA NAIK AGED ABOUT 67 YEARS, R/O DODDA THANDA HOLEBENAVALLI SHIVAMOGGA TALUK SHIVAMOGGA - 577 201
…APPELLANT
(BY SRI. K V SATEESHCHANDRA, ADVOCATE - ABSENT)
AND:
Digitally signed by REKHA R Location: High Court of Karnataka
SRI KUMAR NAIK S/O DEVLA NAIK AGED ABOUT 40 YEARS, R/O HOLEBENAVALLI DODDA THANDA SHIVAMOGGA TALUK SHIVAMOGGA - 577 201
…RESPONDENT THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO a) GRANT OF SPECIAL LEAVE TO APPEAL AGAINST THE ORDER OF ACQUITTAL PASSED IN C.C.NO.1442/2021 DATED 05.11.2022 FOR ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT; b) SET ASIDE THE ORDER PASSED BY THE COURT OF I ADDITIONAL SENIOR CIVIL JUDGE AND C.J.M AT SHIVAMOGGA, IN C.C.NO.1442/2021, DATED 05.11.2022 AND CONVICT THE RESPONDENT/ACCUSED FOR THE AFORESAID OFFENCES WITH WHICH HE HAS BEEN CHARGED AND TRIED IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY.
CRL.A No. 409 of 2023 NC: 2024:KHC:10591
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This matter is coming for 5th time for compliance of office objections.
On 04.03.2024, after granting one week time to comply with the office objections, a conditional order was passed to the effect that if steps are not taken, necessary orders would be passed for dismissal of appeal.
It appears appellant is not interested in prosecuting
the appeal.
Hence, appeal is dismissed for default for not taking steps.
Sd/JUDGE
RR
List No.: 1 Sl No.: 21
1 issue framed by the court
Should special leave be granted under Section 378(4) Cr.P.C. to appeal against the acquittal of the respondent in a Section 138 NI Act case?
2 provisions across 2 enactments
Sri Onkar Naik S/o Butta Naik
Sri Kumar Naik S/o Devla Naik
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
