Dismissed¶30

Irayya S/O Madiwalayya Hiremath v. Shiddalingayyaswamy B Hiremath

Karnataka HC6 Mar 2025CRL.A/100003/2022

Case brief

AI extract

What is this about?

Dismissal of criminal appeal for non-prosecution — absence of appellant's counsel on 11.03.2024, 31.07.2024 and on hearing date despite last chance — appeal under S. 378(4) CrPC against acquittal under S. 138 N.I. Act — C.C. No.1677/2019, 3rd Additional Civil Judge and JMFC, Dharwad — High Court of Karnataka, Dharwad Bench — Shivashankar Amarnannavar, J. — no consideration of merits of acquittal — no costs, no quantum.

What did the court decide?

There being no representation on the appellant's side despite the matter being passed over, and after a last chance granted on 31.07.2024, the appellant appeared not interested in prosecuting the appeal. ¶29

Irayya S/O Madiwalayya Hiremath Vs Shiddalingayyaswamy B… — Cheque Dishonour | Karnataka HC (2025)

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NC: 2025:KHC-D:4333 CRL.A No. 100003 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6^TH DAY OF MARCH 2025 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL APPEAL NO.100003 OF 2022

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BETWEEN:

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IRAYYA S/O. MADIWALAYYA HIREMATH, AGE: 62 YEARS, OCC: BUSINESS, R/O: BANASHREE NAGAR, NEAR RADHA KRISHNA SCHOOL, 580004, BEHIND SDM COLLEGE, DHARWAD.

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…PETITIONER

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(BY SRI S. S. BETURMATH, ADVOCATE)

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AND:

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SHIDDALINGAYYASWAMY B. HIREMATH, AGE: 43 YEARS, OCC: BUSINESS, R/O: C/O: ABHJIYA ENTERPRISES, BEHIND RAJARAJESHWARI HP PETROL PUMP STATION MALLATAHALLI, DODDABALLAPUR – 561 203.

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Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad

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…RESPONDENT (BY SRI MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)

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THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CODE OF CRIMINAL PROCEDURE CODE, SEEKING TO CALL FOR RECORDS AND ALLOW THIS APPEAL AND TO SET-ASIDE THE JUDGMENT OF ACQUITTAL DATED 06.12.2021 PASSED BY THE 3^RD ADDITIONAL CIVIL JUDGE AND JMFC, DHARWAD IN C.C. NO.1677/2019 WHICH IS REGISTERED FOR OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT, AND CONSEQUENTLY CONVICT THE RESPONDENT/ ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND IMPOSE ADEQUATE SENTENCE OF IMPRISONMENT

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NC: 2025:KHC-D:4333 CRL.A No. 100003 of 2022

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AND FINE ON THE ACCUSED/RESPONDENT IN THE INTEREST OF JUSTICE AND EQUITY. PASS SUCH OTHER ORDER OR DIRECTION AS DEEMED FIT IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS CRIMINAL APPEAL, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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Learned counsel for the respondent present. Learned counsel for the appellant absent. Learned counsel for the appellant was absent on 11.03.2024 and also on 31.07.2024. On 31.07.2024, this Court passed the following order:

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“No representation for the appellant, even in the afternoon session.

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As a last chance, list this matter next week.

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If the learned counsel for the appellant fails to address his arguments on the next date of hearing, necessary orders would be passed.”

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