Dismissed¶36

N Ramesh v. Muniswamappa

Karnataka HC16 Jan 2025CRL.A/785/2014

Case brief

AI extract

What is this about?

Karnataka High Court (Bengaluru), CRL.A No. 785 of 2014, decided 16.01.2025 by Justice Shivashankar Amaranannavar: criminal appeal under S.378(4) Cr.P.C. against acquittal under S.138 NI Act (C.C.No.37006/2010, acquittal dated 14.7.2014) dismissed for non-prosecution owing to repeated absence of counsel for both sides; merits not decided; no cases cited; no monetary quantum involved.

What did the court decide?

Considering the repeated absence of counsel and that the appellant appeared to have no interest in prosecuting the appeal, the Court dismissed the appeal for non-prosecution. ¶36

N Ramesh Vs Muniswamappa — Cheque Dishonour | Karnataka HC (2025)

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1 - NC: 2025:KHC:1685 CRL.A No. 785 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL No. 785 OF 2014

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BETWEEN:

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N RAMESH S/O NAGABHOJAIAH, AGED ABOUT 43 YEARS R/AT: NAVAGRAHA TEMPLE STREET MEGALA BEEDHI KANAKAPURA TOWN RAMANAGAR DISTRICT.

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…APPELLANT

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(BY SRI G SATHYAVEL, ADVOCATE - ABSENT)

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AND:

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MUNISWAMAPPA THE PRESIDENT SRI MUNESHWARA SWAMY TEMPLE TRUST

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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SRI RANGA SHETTY THE HON’BLE SECRETARY SREE MUNESHWARA SWAMY TEMPLE TRUST SRI KANTHARAJU.

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THE CASHIER MUNESHWARA SWAMY TEMPLE TRUST C/O SRI MUNESHWARASWAMY CREDIT CO. OP. SOCIETY LTD., No.1482, PIPELINE ROAD OPP. JAYAPRAKASH NARAYAN PARK

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NC: 2025:KHC:1685 CRL.A No. 785 of 2014

VIJAYANAGAR

BANGALORE - 560 040.

…RESPONDENTS

(BY SRI CHANDRAPPA K N, ADVOCATE FOR R1 TO R3 – ABSENT)

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THIS CRL.A. IS FILED UNDER SECTION 378(4) Cr.P.C PRAYING TO SET ASIDE THE JUDGEMENT OF ACQUITTAL PASSED BY THE LEARNED XXIII ADDL. CHIEF METROPOLITAL MAGISTRATE, BANGALORE IN C.C.No.37006/2010 DATED 14.7.2014 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ETC.,

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THIS APPEAL COMING ON FOR ARGUMENTS 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

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no representation on the appellant’s side.

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Learned counsel for the respondents is also absent.

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Learned counsel for the appellant was also not present on 24.11.2023, 06.12.2023, 20.12.2023 and on 01.02.2024. On 01.02.2024, this Court has passed the following order;

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“Sri.G.Sathyavel, learned counsel has already filed NOC power for the appellant. Hence, office is

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3 - NC: 2025:KHC:1685 CRL.A No. 785 of 2014

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directed to discontinue to show the name of Sri.Dayanand.L. counsel for the appellant, and show the name of Sri.G.Sathyavel, counsel representing the appellant.

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Sri.Chandrappa.K.N., learned counsel for the respondents is absent.

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Due to the absence of counsels, the matter could not be proceeded. This Court vide order dated 20.12.2023, granted the time and the matter is listed today. However, in spite of such opportunity, counsel for appellant has not made any representation. One more opportunity is given.

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List this matter next week finally.”

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Considering the above aspect, it appears that the

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appellant has no interest in prosecuting the appeal. Hence, the appeal is dismissed for non prosecution .

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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GH List No.: 1 Sl No.: 44

N Ramesh v. Muniswamappa

Case brief

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N Ramesh v. Muniswamappa

Case brief

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