The High Court at Bengaluru dismissed a criminal appeal against acquittal under Section 378 CrPC due to failure of the appellant in filing necessary office objections, treating the default as indicating lack of interest in prosecuting the appeal.
Appeal dismissed for default.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.A No. 508 of 2023 NC: 2024:KHC:10266
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL APPEAL NO.508 OF 2023
BETWEEN:
SHRI AJAY J M S/O MANJUNATH AGED ABOUT 35 YEARS OCC. AGRICULTURIST R/O NAMDEV GALLI SORABA SORBA DIST, SHIVAMOGGA
…APPELLANT
(BY SRI. KORIMATH MAHANTESH MRITYUNJAY, ADVOCATE - ABSENT )
AND:
Digitally signed by REKHA R Location: High Court of Karnataka
SHRI PRATEEK S/O VIJAYASHANKAR PATIL AGED ABOUT 32 YEARS OCC. PRIVATE SERVICE R/O NO.07, VIJAYASHREE NEHARU NAGAR SAINT POUL HIGH SCHOOL BACKSIDE GOKUL ROAD HUBBALLI
…RESPONDENT
THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO a) SETTING ASIDE THE IMPUGNED JUDGMENT PASSED BY THE HON'BLE PRINCIPAL CIVIL JUDGE AND JMFC SORABA IN C.C.NO.753/2021 DATED 02.08.2022 ACQUITTING THE RESPONDENT OF THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT; b) CONVICT THE RESPONDENT FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT; c) PASS ANY OTHER ORDER OR DIRECTION AS THIS HON'BLE
CRL.A No. 508 of 2023 NC: 2024:KHC:10266
COURT DEEMS FIT AND JUST UNDER THE CIRCUMSTANCE OF THE CASE IN THE INTEREST 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 coming for 5th time for compliance of office objections.
Vide order dated 05.03.2024, as a last chance the matter was posted today for passing necessary orders.
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.: 16
1 issue framed by the court
Whether the criminal appeal should be allowed despite non-compliance with office objections.
1 provisions across 1 enactments
SHRI AJAY J M S
SHRI PRATEEK S/O VIJAYASHANKAR PATIL
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
