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Vinay. H.S Vs N. Nagaraj — Cheque Dishonour | Karnataka HC (2025)

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Karnataka HC
2025
Vinay. H.S Vs N. NagarajVinay. H.S v. N. Nagaraj

Dismissed¶33

Vinay. H.S v. N. Nagaraj

Karnataka HC5 Feb 2025CRL.A/1198/2015

Case brief

AI extract

What is this about?

Karnataka High Court (Bengaluru), Justice Shivashankar Amannavar, decision date 05.02.2025 — CRL.A No. 1198 of 2015 c/w CRL.A No. 1199 of 2015 dismissed for non-prosecution; appeals under Section 378(4) Cr.P.C. against acquittals under Section 138 of the N.I. Act (cheque-dishonour prosecutions) in C.C.No.17138/2014 (respondent N. Nagaraj) and C.C.No.17137/2014 (respondent B.N. Veenakumari) passed on 04.08.2015 by the XXII A.C.M.M., Bangalore; appellant's counsel (Sri Arun G) absent on 23.01.2024, 14.02.2024 and 22.03.2024 and on the delivery date; acquittals left intact; no precedent cited or relied upon; citable only as a record that the acquittal judgments of 04.08.2015 remain effective.

What did the court decide?

As there was no representation for the appellant in either appeal and his counsel had already been absent on 23.01.2024, 14.02.2024 and 22.03.2024, the Court concluded that the appellant was not interested in prosecuting the appeals.

What the court decided

AI extract

Outcome

Dismissed

Ratio / Principle

As there was no representation for the appellant in either appeal and his counsel had already been absent on 23.01.2024, 14.02.2024 and 22.03.2024, the Court concluded that the appellant was not interested in prosecuting the appeals.

Key takeaways

Both the criminal appeals (CRL.A Nos. 1198 and 1199 of 2015) were dismissed for non-prosecution.ratio¶33

Detailed headnote1 paragraphs

In CRL.A Nos. 1198 and 1199 of 2015, filed under Section 378(4) Cr.P.C. by the appellant Vinay H.S. against the acquittal dated 04.08.2015 passed by the XXII A.C.M.M., Bangalore of the respondents/accused (N. Nagaraj in C.C.No.17138/2014 and B.N. Veenakumari in C.C.No.17137/2014) for offences punishable under Section 138 of the N.I. Act, both appeals were dismissed for non-prosecution: there was no representation for the appellant on the hearing date, his counsel having earlier been absent on 23.01.2024, 14.02.2024 and 22.03.2024, and the Court concluded that the appellant was not interested in prosecuting the appeals. The acquittal orders stand undisturbed; no substantive merits were adjudicated and no relief was granted.

A

1 - NC: 2025:KHC:5257 CRL.A No. 1198 of 2015 C/W CRL.A No. 1199 of 2015

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL APPEAL No. 1198 OF 2015

C/W

CRIMINAL APPEAL No. 1199 OF 2015

IN CRL.A No. 1198/2015

BETWEEN:

VINAY. H.S S/O SRI SHESHE GOWDA H N AGED ABOUT 35 YEARS RESIDING AT: No. 665, 8^TH "A" MAIN ROAD 3^RD BLOCK, 3^RD STAGE BASAVESHWARANAGAR BANGALORE – 560 079.

…APPELLANT

(BY SRI ARUN G, ADVOCATE – ABSENT)

Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA

AND:

N. NAGARAJ S/O NOT KNOWN AGED ABOUT 53 YEARS # 575, "KANASU" 11^TH BLOCK, 2B MAIN ROAD 2^ND STAGE, NAGARABHAVI BANGALORE – 560 072.

…RESPONDENT

(BY SRI H J ANANDA, ADVOCATE)

2 - NC: 2025:KHC:5257 CRL.A No. 1198 of 2015 C/W CRL.A No. 1199 of 2015

THIS CRL.A. IS FILED UNDER SECTION 378(4) Cr.P.C PRAYING TO SET ASIDE THE JUDGMENT ORDER DATED 04.08.2015 PASSED BY THE XXII A.C.M.M, BANGALORE IN C.C.No.17138/2014 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ETC.,

IN CRL.A No. 1199/2015:

BETWEEN:

VINAY.H.S. S/O SRI SHESHE GOWDA H N AGED ABOUT 34 YEARS RESIDING AT : No.665, 8^TH "A" MAIN ROAD 3^RD BLOCK, 3^RD STAGE BASAVESHWARANAGAR BANGALORE – 560 079. ...APPELLANT

(BY SRI ARUN G, ADVOCATE – ABSENT)

AND:

B.N. VEENAKUMARI W/O N.NAGARAJ AGED ABOUT 45 YEARS #575, "KANASU", 11^TH BLOCK, 2B MAIN ROAD, 2^ND STAGE NAGARABHAVI BANGALORE – 560 072. ...RESPONDENT

(BY SRI H J ANANDA, ADVOCATE)

THIS CRL.A. IS FILED UNDER SECTION 378(4) Cr.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT ORDER DATED 04.08.2015 PASSED BY THE XXII A.C.M.M., BANGALORE IN C.C.No.17137/2014-ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ETC.,

3 - NC: 2025:KHC:5257 CRL.A No. 1198 of 2015 C/W CRL.A No. 1199 of 2015

THESE APPEALS COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT

Learned counsel for the appellant is absent. There is no representation for the appellant in both the appeals. Learned counsel for the appellant was also absent on 23.01.2024, 14.02.2024 and 22.03.2024. Considering the said aspect, it appears that the appellant is not interested in prosecuting the appeals. Hence, both the appeals are dismissed for non prosecution .

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

GH

List No.: 1 Sl No.: 65

Statutes considered

2 provisions across 2 enactments

AI extract

Code of Criminal Procedure (Cr.P.C.)378(4)¶20
Negotiable Instruments Act138¶20

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment/orders dated 04.08.2015 of the XXII A.C.M.M., Bangalore in C.C.No.17138/2014 and C.C.No.17137/2014 acquitting the respondents/accused for offences punishable under Section 138 of the N.I. Act, challenged under Section 378(4) Cr.P.C.¶20
XXII A.C.M.M., Bangalore · 04.08.2015
Prior proceeding
Trial-court acquittal of respondent/accused N. Nagaraj in C.C.No.17138/2014 for offence punishable under Section 138 of the N.I. Act, by judgment order dated 04.08.2015 of the XXII A.C.M.M, Bangalore, challenged by CRL.A No. 1198/2015 filed under Section 378(4) Cr.P.C.¶20
Prior proceeding
Trial-court acquittal of respondent/accused B.N. Veenakumari in C.C.No.17137/2014 for offence punishable under Section 138 of the N.I. Act, by impugned judgment order dated 04.08.2015 of the XXII A.C.M.M., Bangalore, challenged by CRL.A No. 1199/2015 filed under Section 378(4) Cr.P.C.¶28
Prior proceeding
Repeated absence of the appellant's counsel on three prior hearing dates (23.01.2024, 14.02.2024 and 22.03.2024) and absence with no representation on the date this judgment was delivered.¶33

Parties & counsel

AI extract

appellant
Vinay. H.S¶11
Arun G
respondent
N. Nagaraj¶16
H J Ananda
appellant
Vinay.H.S.¶23
Arun G
respondent
B.N. Veenakumari¶26
H J Ananda

Coram

AI extract

Justice Shivashankar Amannavarauthor¶31

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 5 Feb 2025 · February
Registered: 5 Oct 2015
Case no.: CRL.A/1198/2015
CNR: KAHC010359132015
Topic: Cheque Dishonour
Bench: Shivashankar Amarannavar
Disposal: Dismissed for Non-Prosecution
Case type: CRL.A.

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Cite this judgement

Vinay. H.S v. N. Nagaraj, CRL.A/1198/2015 (KA), decided on 5 February 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Code of Criminal Procedure (Cr.P.C.)378(4)
Negotiable Instruments Act138

View all statutes

Procedural history4

Judgment/orders dated 04.08.2015 of the XXII A.C.M.M., Bangalore in C.C.No.17138/2014 and C.C.No.17137/2014 acquitting the respondents/accused for offences punishable under Section 138 of the N.I. Act, challenged under Section 378(4) Cr.P.C.XXII A.C.M.M., Bangalore · 04.08.2015
Trial-court acquittal of respondent/accused N. Nagaraj in C.C.No.17138/2014 for offence punishable under Section 138 of the N.I. Act, by judgment order dated 04.08.2015 of the XXII A.C.M.M, Bangalore, challenged by CRL.A No. 1198/2015 filed under Section 378(4) Cr.P.C.
Trial-court acquittal of respondent/accused B.N. Veenakumari in C.C.No.17137/2014 for offence punishable under Section 138 of the N.I. Act, by impugned judgment order dated 04.08.2015 of the XXII A.C.M.M., Bangalore, challenged by CRL.A No. 1199/2015 filed under Section 378(4) Cr.P.C.

View full history

Bench / Coram

Justice Shivashankar Amannavar

Parties & counsel