Dismissed¶4

Sri S.M. Srinivasa Murthy v. Sri P.K Sanath Kumar

Karnataka HC21 Jan 2025CRL.A/92/2015

Case brief

AI extract

What is this about?

High Court of Karnataka at Bengaluru, Justice Shivashankar Amarannavar, decided 21-01-2025 (neutral citation NC: 2025:KHC:2260): criminal appeal under S.378(4) Cr.P.C. against a S.138 N.I. Act acquittal (C.C.No.122/11, order dated 29.10.2014) dismissed for non-prosecution owing to repeated absence of appellant's counsel on 17.01.2024, 13.02.2024 and the hearing date; no merits were adjudicated and no relief was granted.

What did the court decide?

As counsel for the appellant was repeatedly absent and the appellant appeared not interested in prosecuting the appeal, the criminal appeal is dismissed for non-prosecution. ¶4

Sri S.M. Srinivasa Murthy Vs Sri P.K Sanath Kumar — Cheque Dishonour | Karnataka HC (2025)

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1 - NC: 2025:KHC:2260 CRL.A No. 92 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST 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. 92 OF 2015

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BETWEEN:

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SRI S.M. SRINIVASA MURTHY S/O B MUNISWAMY AGED ABOUT 63 YEARS R/O KEB COLONY DOOMLIGHT CIRCLE KOLAR CITY – 563 101.

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…APPELLANT

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(BY SRI S VISWESWARAIAH, ADVOCATE – ABSENT)

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Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA

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AND:

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SRI P.K SANATH KUMAR S/O KRISHANA MURTHY LAKSHMANAGOWDA COMPOUND OLD EXTENSTION BEHIND KANAKA MANDIRA KOLAR CITY – 563 101.

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…RESPONDENT

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(BY SRI DEEPAK J, ADVOCATE)

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THIS CRL.A. IS FILED UNDER SECTION 378(4) Cr.P.C PRAYING TO SET ASIDE THE ORDER DATED 29.10.2014 PASSED BY THE PRL. CIVIL JUDGE & JMFC, KOLAR, IN C.C.No.122/11 - 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 HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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2 - NC: 2025:KHC:2260 CRL.A No. 92 of 2015

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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. Learned counsel

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for the appellant was also absent on 17.01.2024 and 13.02.2024. This Court, on 17.01.2024 has passed the following order;

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“Learned counsel for the appellant is absent.

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Sri Sagar R. learned counsel representing Sri. Deepak J. learned counsel for the respondent is present.

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Due to the absence of learned counsel for the appellant, the matter could not be proceeded.

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Hence, list this matter next week, finally.”

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Again on 13.02.2024, this Court has passed the following order;

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“Sri S Visweswaraiah, learned counsel for the appellant, is absent.

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Sri Vivek N, the counsel representing Sri Deepak, J., the learned counsel for the respondent, is present.

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3 - NC: 2025:KHC:2260 CRL.A No. 92 of 2015

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Due to absence of the learned counsel for the appellant, the matter could not be proceeded with.

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It is borne-out from the order sheet that, this Court vide order dated 17.01.2024, in spite of absence of the counsel for appellant, has granted time and as such, the matter is listed today. Even today there is no representation for the appellant. However, in the interest of justice, as a last chance, one more opportunity is given to the counsel for appellant to proceed with the matter.

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List this matter next week.”

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Learned counsel for the respondent is present and

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submits that considering the absence of the learned counsel for the appellant, it appears that the appellant is not interested in prosecuting the appeal.

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Considering the above aspects, it appears that the appellant is not interested 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.: 48

Sri S.M. Srinivasa Murthy v. Sri P.K Sanath Kumar

Case brief

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Sri S.M. Srinivasa Murthy v. Sri P.K Sanath Kumar

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