Dismissed¶34

K Venkateshulu v. Satyendrakumar

Karnataka HC13 Feb 2025CRL.A/486/2015

Case brief

AI extract

What is this about?

Karnataka High Court, CRL.A No. 486 of 2015, decided 13.02.2025 by Shivashankar AmaranNavar, J. Appeal under Section 378(4) Cr.P.C. against acquittal under Section 138 of the N.I. Act recorded by the Addl. District & Sessions Judge, Chitradurga in Crl.A.71/2010 (order dated 18.2.2014); appeal dismissed for non-prosecution as appellant's counsel was repeatedly absent (03.04.2024, 20.06.2024, 04.02.2025 and on the final-hearing date) notwithstanding a last-chance adjournment. Search terms: dismissal for non-prosecution; Section 378(4) Cr.P.C.; Section 138 N.I. Act acquittal appeal; counsel absent; last chance adjournment; Chitradurga.

What did the court decide?

Despite sufficient opportunity having been granted, learned counsel for the appellant was not present to argue the matter and the appellant appeared not interested in prosecuting the appeal.

K Venkateshulu Vs Satyendrakumar — Cheque Dishonour | Karnataka HC (2025)

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NC: 2025:KHC:6571 CRL.A No. 486 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 CRIMINAL APPEAL NO. 486 OF 2015

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BETWEEN:

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K VENKATESHULU S/O LATE DONAPPASWAMY MAJOR, R/O DONNEHALLY VILLAGE THALAK HOBLI CHALLAKERE TALUK CHITRADURGA DIST

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…APPELLANT

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(BY SRI. CHANDRASHEKAR G M.,ADVOCATE-ABSENT)

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AND:

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Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA

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SATYENDRAKUMAR S/O LATE SANGANABASANNA AGED ABOUT 45 YEAS MAJOR, C/O LATE GURUSIDDAPPA SANGAMESHWARA BADAVENE IST MAIN ROAD, BEHIND AKASHAVANI CHITRADURGA TOWN

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…RESPONDENT

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(BY SRI. B S VISHWANATH .,ADVOCATE)

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THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:18.2.2014, PASSED BY THE ADDL.DIST. & SESSIONS JUDGE, CHITRADURGA, IN CRL.A.71/2010 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

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

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NC: 2025:KHC:6571 CRL.A No. 486 of 2015

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CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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

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Learned counsel for the appellant was also absent on 03.04.2024, 20.06.2024 and 04.02.2025.

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On 04.02.2025 this Court has passed the

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following order

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“Learned counsel for the respondent is present.

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

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The appeal is of the year, 2015. There are no reasons for adjourning the appeal. However, in order to give another opportunity, as a last chance, the matter is adjourned.

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List on 13.02.2025 “

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