Dismissed¶21

Sri. M.A. Ravikumar v. Sri. K.S. Babu

Karnataka HC14 Feb 2025CRL.A/506/2023

Case brief

AI extract

What is this about?

M.A. Ravikumar v. K.S. Babu, CRL.A No. 506 of 2023, High Court of Karnataka at Bengaluru (Shivashankar Amaranavar, J.), decided 14.02.2025. Appeal under Section 378(4) CrPC against acquittal dated 02.12.2022 in C.C.No.956/2017 (Civil Judge & JMFC, Holenarasipura) for offence under Section 138 Negotiable Instruments Act. Dismissed for non-prosecution after counsel's memo of retirement; notice served on appellant 18.05.2023; no merits determination.

What did the court decide?

Learned counsel for the appellant was permitted to retire from the case, since although the notice issued to the appellant was served on 18.05.2023, the appellant neither appeared nor engaged any other counsel. ¶20

Sri. M.A. Ravikumar Vs Sri. K.S. Babu — Cheque Dishonour | Karnataka HC (2025)

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1 - NC: 2025:KHC:6630 CRL.A No. 506 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU 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.506 OF 2023

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BETWEEN:

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SRI. M.A. RAVIKUMAR S/O ANNEGOWDA AGED ABOUT 40 YEARS, R/AT MARAGOWDANAHALLI VILLAGE, KASABA HOBLI, HOLENARASIPURA TALUK-573 211.

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…APPELLANT

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(BY SRI. M.A. RAVIKUMAR, ADVOCATE)

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AND:

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Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA

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SRI. K.S. BABU S/O SRINIVASA, AGED 46 YEARS, R/AT KORAVANAGUNDI VILLAGE, THIRUGANAHALLI POST, HONAKERE HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571 432.

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…RESPONDENT

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CODE OF CRIMINAL PROCEDRUE, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER OF ACQUITTAL DATED 02.12.2022 IN C.C.NO.956/2017 ON THE FILE OF THE HON’BLE CIVIL JUDGE AND JMFC, HOLENARASIPURA BY ALLOWING THIS APPEAL, CONSEQUENTLY CONVICT THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S.138 OF NEGOTIABLE INSTRUMENTS ACT AND PUNISH HIM BY PASSING PROPER SENTENCE IN ACCORDANCE WITH LAW.

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2 - NC: 2025:KHC:6630 CRL.A No. 506 of 2023

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THIS APPEAL, COMING ON FOR ORDERS, 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 has filed memo of

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retirement. Along with the memo of retirement, a copy of the letter sent to the appellant, postal receipt and track of postal consignment are enclosed with. The notice issued by learned counsel for the appellant to the appellant has been served on 18.05.2023. Inspite of that the appellant has not appeared and engaged any other counsel. Hence, learned counsel for the appellant is permitted to retire from the case. It appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is

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dismissed for non prosecution .

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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List No.: 1 Sl No.: 21

Sri. M.A. Ravikumar v. Sri. K.S. Babu

Case brief

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Sri. M.A. Ravikumar v. Sri. K.S. Babu

Case brief

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