Dismissed¶¶30

Irayya S/O Madiwalayya Hiremath v. Shiddalingayyaswamy B Hiremath

Karnataka HC10 Apr 2026CRL.A/100003/2022

Case brief

AI extract

What is this about?

dismissal of criminal appeal for non-prosecution; CRL.A No. 100003 of 2022; NC: 2025:KHC-D:4333; High Court of Karnataka Dharwad Bench; Justice Shivashankar Amaranannavar; Section 378(4) CrPC appeal against acquittal; Section 138 N.I. Act cheque dishonour case; C.C. No.1677/2019; acquittal judgment dated 06.12.2021; 3rd Additional Civil Judge and JMFC Dharwad; appellant counsel absent 11.03.2024 and 31.07.2024; last chance order 31.07.2024; acquittal stands undisturbed.

What did the court decide?

Despite passing over the matter, there was no representation on the appellant's side and it appeared that the appellant was not interested in prosecuting the matter. ¶¶29

Irayya S/O Madiwalayya Hiremath Vs Shiddalingayyaswamy B… — Cheque Dishonour | Karnataka HC (2026)

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NC: 2025:KHC-D:4333 CRL.A No. 100003 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6^TH DAY OF MARCH 2025 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL APPEAL NO.100003 OF 2022

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BETWEEN:

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IRAYYA S/O. MADIWALAYYA HIREMATH, AGE: 62 YEARS, OCC: BUSINESS, R/O: BANASHREE NAGAR, NEAR RADHA KRISHNA SCHOOL, 580004, BEHIND SDM COLLEGE, DHARWAD.

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…PETITIONER

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(BY SRI S. S. BETURMATH, ADVOCATE)

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AND:

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SHIDDALINGAYYASWAMY B. HIREMATH, AGE: 43 YEARS, OCC: BUSINESS, R/O: C/O: ABHJIYA ENTERPRISES, BEHIND RAJARAJESHWARI HP PETROL PUMP STATION MALLATAHALLI, DODDABALLAPUR – 561 203.

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Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad

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…RESPONDENT (BY SRI MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)

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THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CODE OF CRIMINAL PROCEDURE CODE, SEEKING TO CALL FOR RECORDS AND ALLOW THIS APPEAL AND TO SET-ASIDE THE JUDGMENT OF ACQUITTAL DATED 06.12.2021 PASSED BY THE 3^RD ADDITIONAL CIVIL JUDGE AND JMFC, DHARWAD IN C.C. NO.1677/2019 WHICH IS REGISTERED FOR OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT, AND CONSEQUENTLY CONVICT THE RESPONDENT/ ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND IMPOSE ADEQUATE SENTENCE OF IMPRISONMENT

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NC: 2025:KHC-D:4333 CRL.A No. 100003 of 2022

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AND FINE ON THE ACCUSED/RESPONDENT IN THE INTEREST OF JUSTICE AND EQUITY. PASS SUCH OTHER ORDER OR DIRECTION AS DEEMED FIT IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS CRIMINAL APPEAL, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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Learned counsel for the respondent present. Learned counsel for the appellant absent. Learned counsel for the appellant was absent on 11.03.2024 and also on 31.07.2024. On 31.07.2024, this Court passed the following order:

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“No representation for the appellant, even in the afternoon session.

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As a last chance, list this matter next week.

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If the learned counsel for the appellant fails to address his arguments on the next date of hearing, necessary orders would be passed.”

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