Sri P Venkatesh v. Sri Mohan a

Karnataka HC17 Feb 2025CRL.A/1626/2022

Case brief

AI extract

What is this about?

Dismissal of criminal appeal for non-prosecution where appellant's counsel repeatedly absent (04.07.2024, 31.01.2025, 17.02.2025) despite last-chance adjournment; appeal under S.378(4) CrPC against acquittal dated 21.4.2021 in C.C.No.3553/2018 for offence under S.138 NI Act (VI Addl. Judge Court of Small Causes and ACMM, Bangalore); High Court of Karnataka, Justice Shivashankar Amarannavar; useful on consequences of appellant/counsel non-appearance in appeals against acquittal under the Negotiable Instruments Act.

What did the court decide?

None; the appeal was dismissed for non-prosecution and the acquittal stands undisturbed. ¶29-30

Sri P Venkatesh Vs Sri Mohan a — Cheque Dishonour | Karnataka HC (2025)

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1 - NC: 2025:KHC:6875 CRL.A No. 1626 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO. 1626 OF 2022

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BETWEEN:

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SRI. P. VENKATESH S/O H.R. PUTTAIAH AGED ABOUT 46 YEARS RESIDING AT NO.15, “INCHARA” 1^ST CROSS, DEE ENCLAVE NEAR GODWIN SCHOOL KODIGEHALLI BENGALURU - 560 092

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…APPELLANT

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(BY SRI. LOKESH R, ADVOCATE – [ABSENT]) AND:

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Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA

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SRI. MOHAN A S/O ANANDA RAJ AGED ABOUT 29 YEARS R/AT NEAR PANCHAYATH OFFICE SAHAKARNAGAR POST BENGALURU - 560 092

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ALSO AT NO.1176/12, 4^TH CROSS DR.RAJKUMAR ROAD PRAKASH NAGAR BENGALURU - 560 021 …RESPONDENT (BY SRI. THIMMEGOWDA N AND SMT. RADHIKA K, ADVOCATES)

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NC: 2025:KHC:6875 CRL.A No. 1626 of 2022

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THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO ACCORD SPECIAL LEAVE TO PREFER THIS MEMORANDUM OF APPEAL AND FURTHER BE PLEASED TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 21.4.2021 PASSED IN C.C.NO.3553/2018 ON THE FILE OF THE LEARNED VI ADDL. JUDGE COURT OF SMALL CAUSES AND ACMM, BANGALORE, CONSEQUENTLY CONVICT THE RESPONDENT FOR AN OFFENCE P/U/S 138 OF N.I ACT.

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

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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 the appellant side.

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