Dismissed¶44

R Vittoba Rao v. Karibasappa G Emmera

Karnataka HC13 Feb 2025CRL.A/283/2015

Case brief

AI extract

What is this about?

High Court of Karnataka at Bengaluru; CRL.A No. 283 of 2015; NC: 2025:KHC:6569; appeal under S.378(4) CrPC against acquittal under S.138 N.I. Act; impugned order dated 8.1.2015 by Principal Civil Judge & JMFC, Harihar in C.C.No.228/2008; appellant R Vittoba Rao dead by LRs (Kowsalya Bai, Raghavendra V.R., Santhosh Kumar V.R., Jyothsna); respondent Karibasappa G Emmera; appellant's counsel absent on 18.12.2023, 17.01.2024, 12.02.2024; final opportunity granted 12.02.2024; appeal dismissed for non-prosecution; Justice Shivashankar Amarannavar; decided 13 February 2025; no precedents discussed; no quantum.

What did the court decide?

Despite sufficient opportunity and a final opportunity granted by order dated 12.02.2024, learned counsel for the appellant remained absent and the appellant appeared not interested in prosecuting the appeal.

R Vittoba Rao Vs Karibasappa G Emmera — Cheque Dishonour | Karnataka HC (2025)

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1 - NC: 2025:KHC:6569 CRL.A No. 283 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^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. 283 OF 2015

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BETWEEN:

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R VITTOBA RAO S/O NAGENDRAPPA AGED ABOUT 63 YEARS RETIRED H P F EMPLOYEE RESIDENT OF DODDI STREET HARIHAR-577601 DAVANAGERE DISTRICT.

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DEAD BY LRS

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(A) SMT KOWSALYA BAI W/O LATE R.VITTOBARAO AGED ABOUT 61 YEARS

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Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA

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(B) RAGHAVENDRA V.R. S/O. LATE. R. VITTOBARAO, AGED ABOUT 40 YEARS,

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(D) SMT. JYOTHSNA W/O. GANESHAPPA, D/O. LATE VITTOBARAO, AGED ABOUT 44 YEARS,

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ALL ARE RESIDENTS OF #522 C, REGAL SWEET UPSTAIRS, DODDIBEEDI, HARIHAR-577601.

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2 - NC: 2025:KHC:6569 CRL.A No. 283 of 2015

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(CAUSE TITLE AMENDED AS PER V.C.O. DT.21.07.2016)

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…APPELLANTS

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(BY SRI. K S SRIDHARA MURTHY .,ADVOCATE FOR A-1 (A-D))

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AND:

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KARIBASAPPA G EMMERA S/O GURUSHANTHAPPA EMMERA AGED ABOUT 61 YEARS RETIRED HPF EMPLOYEE RESIDENT OF VINAYAKANAGAR KODIYAL HOSPET KUMARAPATNAM POST-588115 RANEBENNUR TALUKA HAVERI DISTRICT

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…RESPONDENT

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(BY SRI. K S VENKATARAMANA.,ADVOCATE)

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THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:8.1.2015, PASSED BY THE HON'BLE PRL.CIVIL JUDGE & JMFC, HARIHAR, IN C.C.NO.228/2008 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

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THIS APPEAL, COMING ON FOR HEARING, 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 respondent is present through video conference.

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

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3 - NC: 2025:KHC:6569 CRL.A No. 283 of 2015

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Learned counsel for the appellant was also

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absent on 18.12.2023, 17.01.2024 and 12.02.2024.

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On 12.02.2024 this Court has passed the

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following order

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“Both the counsel called out. Absent.

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Due to absence of both counsel, the matter could not be proceeded.

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This Court by order dated 17.01.2024, inspite of absence of both the counsel, the matter was adjourned and listed today for final hearing. However, inspite of giving such opportunity, both the counsel remained absent. One more opportunity is given, failing which, further order will be passed.

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List the matter next week”

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