Dismissed¶24

Sri.Gogga v. Sri.Vinayak

Karnataka HC19 Mar 2025CRL.A/100176/2016

Case brief

AI extract

What is this about?

Complainant's criminal appeal under Section 378(4) CrPC against acquittal under Section 138 Negotiable Instruments Act (C.C. No.1158/2013, Principal Civil Judge and JMFC, Hospet); appeal dismissed on ground of settlement between parties; no conviction or Section 357 CrPC compensation ordered; decided 19.03.2025 by Justice Shivashankar Amaranavar, Dharwad Bench.

What did the court decide?

In view of settlement of the matter between the parties, nothing further survives for consideration. ¶23

Sri.Gogga Vs Sri.Vinayak — Cheque Dishonour | Karnataka HC (2025)

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NC: 2025:KHC-D:5072 CRL.A No. 100176 of 2016

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19^TH DAY OF MARCH 2025 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL APPEAL NO. 100176 OF 2016

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BETWEEN:

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SRI. GOGGA KARTHIK SWAMY S/O GOGGA CHANNABASAVARAJ, AGED ABOUT: 36 YEARS, OCC: BUSINESSMAN, R/O: NEHRU CO-OPERATIVE COLONY, BEHIND SAHAKARI KALYANA MANTAP, HOSAPETE, HOSAPETE TALUK, BALLARI DISTRICT.

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&APPELLANT

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(BY SRI SRINIVAS B. NAIK, ADVOCATE)

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AND:

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SRI VINAYAK S/O. SANNEKAPPA, AGE: 52 YEARS, EX-COUNCILOR, R/A: JALI LANE, 20^TH WARD, HOSAPETE, HOSAPETE TALUK, BALLARI DISTRICT.

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&RESPONDENT

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Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad

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(BY SRI SATISH M. S., ADVOCATE)

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THIS CRIMINAL APPEAL IS FILED U/SEC.378(4) OF CR.P.C. PRAYING TO CALL FOR THE RECORDS IN C.C.NO. 1158/2013 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, HOSPET, SET ASIDE THE JUDGEMENT AND ORDER OF ACQUITTAL DATED 06/04/2016 AND CONVICT THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT AND COMPENSATE THE APPELLANT/COMPLAINANT ADEQUATELY UNDER SECTION 357 OF THE CODE OF CRIMINAL PROCEDURE, TO MEET THE ENDS OF JUSTICE.

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

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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NC: 2025:KHC-D:5072 CRL.A No. 100176 of 2016

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ORAL ORDER

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The appeal is filed by the complainant challenging the judgment of acquittal dated 06.04.2016 passed in C.C. No.1158/2013 by the learned Principal Civil Judge and JMFC, Hospet, whereunder the respondent/accused has been acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act.

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Learned counsel for the appellant submits that the matter is settled between the parties.

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In view of settlement of the matter between the parties, nothing further survives for consideration.

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Accordingly, the appeal is dismissed as it does not survive for consideration.

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Sd/(SHIVASHANKAR AMARANNAVAR)

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JUDGE

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CT-ASC