The High Court dismissed an appeal against acquittal in a cheque dishonour case under Section 138 NI Act for non-prosecution after the appellant's counsel remained absent despite multiple opportunities and a final adjournment.
Appeal dismissed for non-prosecution.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2022
BEFORE
THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR
CRIMINAL APPEAL No.1422/2018
BETWEEN:
SRI. P. SUBRAMANI S/O LATE V.A. PERIYAPPA AGED ABOUT 58 YEARS R/AT NO.12, 4TH CROSS 6TH BLOCK, RAJAJINAGAR BENGALURU-560 010
….APPELLANT
(BY SRI. A. RAMACHANDRA, ADVOCATE (ABSENT))
AND:
SRI. SATHYANARAYANA. T. N S/O NARAYANAPPA AGED ABOUT 37 YEARS R/AT NO.478, 15TH CROSS JAKKUR LAYOUT BENGALURU-560 064
…RESPONDENT
(BY SRI. H.V. HARISH, ADVOCATE)
THIS APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND THE ORDER OF ACQUITTAL DATED 02.05.2018, PASSED BY THE XXIII ACMM, NRUPATHUNGA ROAD, BENGALURU CITY IN C.C.NO.7015/2016, ACQUITTING THE RESPONDENT/ ACCUSED FOR THE OFFENCE P/U/S 138 OF THE N.I.ACT.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
Learned counsel for the appellant/complainant called-out. Absent.
Sri. H.V. Harish, the learned counsel appearing for respondent/accused is physically present before the Court.
This is an appeal filed by the complainant/appellant herein against the judgment of acquittal dated 02.05.2018 passed by the XXIII Additional Chief Metropolitan Magistrate, Nrupathunga Road, Bengaluru City in CCNo.7015/2016, in respect of offence under Section 138 of the Negotiable Instruments Act, 1881.
The Order Sheet discloses that, all along there was no representation on behalf of the appellant/complainant. Even on 13.01.2022, this Court has adjourned the matter finally by four weeks and in spite of the same, the learned counsel for the appellant/complainant has not appeared before the Court to prosecute the case. It indicates that, the appellant/complainant is not interested in prosecuting the case. Hence, the appeal stands dismissed for nonprosecution.
KGR*
Sd /- JUDGE
1 issue framed by the court
Whether the appeal against acquittal under Section 138 NI Act should be dismissed for non-prosecution due to continued absence of appellant's counsel?
2 provisions across 2 enactments
P. Subramani
Sathyanarayana T. N.
Rajendra Badamikar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
