Dismissed¶28

Sri. Jagadeeshwara .C. v. M/S Navi Solar Energy Pvt. Ltd.

Karnataka HC14 Feb 2025CRL.A/2092/2023

Case brief

AI extract

What is this about?

NC: 2025:KHC:6627 — Karnataka HC Bengaluru, CRL.A No. 2092 of 2023, decided 14.02.2025 by Justice Shivashankar Amarannavar. Appeal under S.378(4) CrPC against 24.01.2023 judgment in C.C.No.1477/2018 (S.138 NI Act) seeking conviction of Navi Solar Energy Pvt. Ltd. and Syed Azam Peeran; DISMISSED for non-compliance of office objections due to appellant's repeated non-representation; no merits adjudicated; no costs or amounts awarded.

What did the court decide?

Despite sufficient opportunities granted across four listings, learned counsel for the appellant neither appeared nor complied with the office objections, leading the Court to conclude that the appellant was not interested in prosecuting the appeal. ¶28

Sri. Jagadeeshwara .C. Vs M/S Navi Solar Energy Pvt. Ltd. — Cheque Dishonour | Karnataka HC (2025)

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1 - NC: 2025:KHC:6627 CRL.A No. 2092 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^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.2092 OF 2023

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BETWEEN:

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SRI. JAGADEESHWARA C. S/O CHANGALRAYAPPA AGED ABOUT 26 YEARS R/AT NO.149/20, MANGANAHALLI CROSS, ULLAL MAIN ROAD, JNANABHARATHI, BENGALURU – 560 056.

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…APPELLANT

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(BY SRI. SHYAM SUNDAR, ADVOCATE)

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AND:

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M/S NAVI SOLAR ENERGY PVT. LTD., NO.1592, 17^TH MAIN, J P NAGAR II PHASE, BENGALURU – 560078. REP. BY ITS MANAGING DIRECTOR.

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Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA

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SYED AZAM PEERAN S/O SYED VALI PEERAN AGED ABOUT 56 YEARS MANAGING DIRETOR M/S NAVI SOLAR ENERGY PVT LTD NO.1592, 17^TH MAIN, J P NAGAR II PHASE, BENGALURU – 560078. REP. BY ITS MANAGING DIRECTOR.

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2 - NC: 2025:KHC:6627 CRL.A No. 2092 of 2023

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…RESPONDENTS

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CODE OF CRIMINAL PROCEDRUE, PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE VI ADDITIONAL SMALL CAUSES JUDGE AND XXXI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU VIDE JUDGMENT DATED 24.01.2023 IN C.C.NO.1477/2018 AND FURTHER BE PLEASED TO CONVICT THE RESPONDENT FOR THE OFFENCE P/U/S 138 OF NEGOTIABLE INSTRUMENTS ACT.

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

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is no representation on the appellant’s side. Learned counsel for the appellant was also absent on 07.03.2024, 28.08.2024 and 08.11.2024. On 08.11.2024, the Court has passed the following order;

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“Learned counsel for the appellant is absent. There is no representation.

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The appeal is of the year 2023. The matter is listed for third time for compliance of office objections. Inspite of that neither there is representation nor the office objections are complied with.

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3 - NC: 2025:KHC:6627 CRL.A No. 2092 of 2023

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It appears the appellant is not interested in prosecuting the appeal.

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I do not find any reason to adjourn the matter. However, to afford a final opportunity, as a last chance, a week’s time is granted to comply with the office objections.

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List this matter after one week.”

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The matter is listed today for compliance of office objections for the fourth time. Inspite of granting sufficient opportunities, learned counsel for the appellant has not complied the office objections. It appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed for non compliance of office objections.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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GH List No.: 1 Sl No.: 17

Sri. Jagadeeshwara .C. v. M/S Navi Solar Energy Pvt. Ltd.

Case brief

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Sri. Jagadeeshwara .C. v. M/S Navi Solar Energy Pvt. Ltd.

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