Dismissed¶33

Sri Govindappa C v. Sri Narayanaswamy

Karnataka HC6 Feb 2025CRL.A/1503/2023

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; NC: 2025:KHC:5328; CRL.A No. 1503 of 2023; dismissal for non-prosecution; Section 378(4) Cr.PC; Section 138 N.I. Act; C.C.No.23506/2018; XVIII Addl. CMM Bengaluru; appellant's counsel repeatedly absent; office objections not complied; Shivashankar Amannavar, J.; decided 06.02.2025.

What did the court decide?

The appellant is not interested in prosecuting the appeal. ¶32

Sri Govindappa C Vs Sri Narayanaswamy — Cheque Dishonour | Karnataka HC (2025)

¶1

¶2

NC: 2025:KHC:5328 CRL.A No. 1503 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 6^TH DAY OF FEBRUARY, 2025

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

¶7

CRIMINAL APPEAL No. 1503 OF 2023

¶8

BETWEEN:

¶9

SRI GOVINDAPPA C S/O CHIKKAMARIYAPPA R AGED ABOUT 67 YEARS R/AT No.5, 6^TH CROSS ADARSHA NAGAR, L R BANDE R T NAGAR POST BENGALURU – 560 032.

¶10

Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

¶11

…APPELLANT

¶12

(BY SRI PRAKASHA NAIK, ADVOCATE – ABSENT)

¶13

AND:

¶14

SRI NARAYANASWAMY S/O CHADDI MUNIYAPPA R/AT AGRAHARA VILLAGE 1^ST MAIN, 3^RD CROSS OPP. VENUGOPALASWAMY TEMPLE GANGAMMA STORE, JAKKUR POST BENGALURU – 560 064.

¶15

…RESPONDENT

¶16

THIS CRL.A IS FILED UNDER SECTION 378(4) Cr.PC PRAYING TO SET ASIDE THE JUDGMENT DATED 09.06.2023 PASSED BY THE XVIII ADDL. CMM, BENGALURU BY ALLOWING THIS APPEAL IN C.C.No.23506/2018, ON THE FILE OF XVIII ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE CITY

¶17

¶18

NC: 2025:KHC:5328 CRL.A No. 1503 of 2023

¶19

AND EXAMINE THE SAME AND CONVICT AND SENTENCE THE ACCUSED / RESPONDENT FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ETC.,

¶20

THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶21

CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

¶22

ORAL JUDGMENT

¶23

Learned counsel for the appellant is absent. Learned

¶24

counsel for the appellant was also absent on 25.01.2024, 23.02.2024, 05.06.2024 and 07.11.2024.

¶25

On 07.11.2024, this Court passed the following

¶26

order:

¶27

“ Learned counsel for the appellant is absent. No representation.

¶28

The appeal is of the year 2023. Matter is listed for the fifth time for compliance of office objections. Still there is no progress in the matter. It appears that the appellant is not interested in prosecuting the appeal.

¶29

Finally, as a last chance, a week's time is granted to comply with the office objections.”

¶30