Dismissed¶31

Official Liquidator of v. Dr.Mahesh K Menon

Karnataka HC4 Feb 2025CRL.A/1555/2022

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; Shivashankar Amarannavar J; decided 04-02-2025; NC: 2025:KHC:4908; CRL.A No. 1555 of 2022; Official Liquidator of M/s. Magnum Intergrafiks Pvt. Ltd. (in liqn.) v. Dr. Mahesh K Menon Institute of Indian Therapies; S.138 NI Act cheque case appeal under S.378(4) Cr.PC against order dated 31.03.2021 in C.C.No.411/2014 (IV Additional Civil Judge and JMFC, Mangaluru D.K.); dismissed for non-prosecution of office objections; appellant's counsel (Murali N) absent; office objections not complied with; no merits adjudicated; no monetary award.

What did the court decide?

There was no reason to adjourn the matter, as it appeared the appellant was not interested in prosecuting the appeal. ¶28

Official Liquidator of Vs Dr.Mahesh K Menon — Cheque Dishonour | Karnataka HC (2025)

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NC: 2025:KHC:4908 CRL.A No. 1555 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL APPEAL No. 1555 OF 2022

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BETWEEN:

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OFFICIAL LIQUIDATOR OF M/S. MAGNUM INTERGRAFIKS PRIVATE LIMITED (IN LIQN.) ATTACHED TO HIGH COURT OF KARNATAKA “CORPORATE BHAVAN”, No. 26-27, 12^TH FLOOR RAHEJA TOWERS, M.G. ROAD BENGALURU - 560 001.

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…APPELLANT

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

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(BY SRI MURALI N, ADVOCATE – ABSENT)

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AND:

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DR. MAHESH K MENON INSTITUTE OF INDIAN THERAPIES ANNA MANADA P.O., THRISSUR (DH) KERALA – 680 741.

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…RESPONDENT

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THIS CRL.A. IS FILED UNDER SECTION 378(4) OF Cr.PC PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 31.03.2021 PASSED BY THE IV ADDITIONAL CIVIL JUDGE AND JMFC MANGALURU D.K., IN C.C.No.411/2014 BY ALLOWING THIS APPEAL AND CONSEQUENTLY BE PLEASED TO CONVICT THE ACCUSED/RESPONDENT FOR AN OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I ACT AND ETC.,

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

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NC: 2025:KHC:4908 CRL.A No. 1555 of 2022

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CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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Learned counsel for the appellant is absent. There is no representation on appellant's side.

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Learned counsel for the appellant was also absent on 04.12.2024. This Court on 04.12.2024 passed the following order:-

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"Learned counsel for the appellant is absent. No

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representation.

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The appeal is of the year 2022 and it is listed for 3^rd time for compliance of office objection. I do not find any reason to adjourn the matter. However, to afford final opportunity, one week time is granted to comply with the office objection.

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List this matter after one week."

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Today the appeal is listed for compliance of office objections for the fourth time. There is no reason to adjourn the matter. It appears that appellant is not interested in prosecuting the appeal.

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NC: 2025:KHC:4908 CRL.A No. 1555 of 2022

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