Dismissed¶33

Sri M N Venkatesh v. Sri K Ravindra

Karnataka HC20 Jan 2025CRL.A/871/2015

Case brief

AI extract

What is this about?

Dismissal of criminal appeal for non-prosecution on account of repeated absence of appellant's counsel; appeal under S.378(4) Cr.P.C. against acquittal in C.C.No. 13189/2012 (XXII A.C.M.M., Bangalore) for offence under S.138 of N.I. Act; last-chance opportunity dated 19.02.2024 ignored; High Court of Karnataka at Bengaluru; Hon'ble Mr Justice Shivashankar Amarannavar; decided 20.01.2025; NC: 2025:KHC:2093. No substantive merits decided; no cases relied upon.

What did the court decide?

Considering the repeated absence of counsel, it appears that the appellant is not interested in prosecuting the appeal. ¶32

Sri M N Venkatesh Vs Sri K Ravindra — Cheque Dishonour | Karnataka HC (2025)

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1 - NC: 2025:KHC:2093 CRL.A No. 871 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL APPEAL No. 871 OF 2015

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BETWEEN:

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SRI M N VENKATESH AGED ABOUT 49 YEARS S/O SRI NARASIMHA MURTHY R/AT No.62, 1^ST MAIN ROAD SRINAGAR BANASHANKARI 3^RD STAGE BANGALORE – 560 085.

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…APPELLANT

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

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(BY SRI VASANTHA LAKSHMI H V, ADVOCATE -ABSENT)

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AND:

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SRI K RAVINDRA AGED ABOUT 54 YEARS S/O LATE K SACHIDANANDAIAH R/AT No.48/4, 2^ND MAIN ROAD CHAMARAJPET BANGALORE - 560 018.

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…RESPONDENT

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(BY SRI S RAVISHAKAR, ADVOCATE)

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THIS CRL.A. IS FILED UNDER SECTION 378(4) Cr.P.C PRAYING TO SET ASIDE THE ORDER DATED 22.06.2015 PASSED BY THE XXII A.C.M.M., BANGALORE IN C.C.No. 13189/2012 - ACQUITTING THE RESPONDENT/ACCUSED FOR

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2 - NC: 2025:KHC:2093 CRL.A No. 871 of 2015

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THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ETC.

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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 appellant is absent. There

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is no representation on appellant’s side.

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Learned counsel for appellant was also absent on 20.12.2023, 30.01.2024 and 19.02.2024. On

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19.02.202 this Court has passed the 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 30.01.2024, inspite of absence of both the counsel, the matter was adjourned and listed today. However, today also there is no representation from both the sides. One more opportunity is give as a last chance.

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List the matter after two weeks.”

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NC: 2025:KHC:2093 CRL.A No. 871 of 2015

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3. Considering the above aspects, it appears, that

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the appellant is not interested in prosecuting the appeal.

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Hence, the appeal is dismissed for non-prosecution.

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