C. Puttaswamy v. Ashwini
Case brief
What is this about?
Karnataka High Court, Bengaluru; CRL.A No. 896 of 2019; Justice H.P. Sandesh (single member, author); decided 17.03.2025. Appellant/complainant C. Puttaswamy (advocates H.V. Vidhya Sagar for Sri. Kemparaju); respondent/accused Ashwini d/o Siddappa (not served, absconding). Appeal u/S 378(4) CrPC against acquittal u/S 138 Negotiable Instruments Act (trial: III Additional Civil Judge & JMFC Maddur, C.C.No.708/2017, 26.12.2018; first appeal: V Additional District & Sessions Judge Mandya, CRL.A.No.02/2019, 11.03.2019). Dismissed for non-service of notice and non-execution of NBW; respondent absconding 5–6 years; false submission by counsel; no assets per Municipality Maddur letter 09.12.2024. Keywords: dismissal of S.138 acquittal appeal, NBW returned unexecuted, absconding accused, non-service, 378(4) CrPC.
What did the court decide?
Since the appeal was filed in 2019, notice was never served on the respondent, and the NBW — obtained on a false submission that she resided at the recorded address — was returned unexecuted on the police report that she is absent and absconding, there is no ground to keep the matter alive.