Mr Shankaranarayana vs Smt Nalini A Prabhu
2022 Latest Caselaw 11424 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 17 T H DAY OF AUGUST, 2022

                       BEFORE

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

         CRIMINAL APPEAL NO.827 OF 2014

       C/W CR IMINAL APPEAL N O.986 OF 2010



IN CR IMINAL APPEAL N O.827 OF 2014

BETWEEN:

Mr. Shankaranarayana
S/o P.V. Narasimaiah
Aged about 55 years
R/at No.17
Sri Ram Mandir Road
Basavangudi
Bang alore-560 004.
                                         ...Appellant
(By Sri G.B. Srinatha, Advocate)


AND:

Smt. Nalini A. Prabhu
W/o K. Annapp a Prabhu
(Charge Man)
Staff No.3778398
Sub-Assembly RPC Dep artment
Code 307, B.H.E.L, (Electronics Div.)
Mysore Road
Bang alore-560 026.
                                        ...Respondent
(By Sri S.R. Sreeprasad, Ad vocate)
                          :: 2 ::


     This Criminal Appeal is filed under Section 378(2)
of   Cr.P.C.   praying   to    set   aside  the   ord er
dated 11.07.2014 passed by the XVIII ACMM,
Bang alore   in   C.C.No.25902/2009-acquitting      the
respondent/accused for the offence punishab le under
section 138 of N.I. Act.


IN CR IMINAL APPEAL N O.986 OF 2010

BETWEEN:

Sri Shankara Narayana
S/o Narasimaiah
Aged about 51 years
Residing at No.17
Sri Ram Mandir Basavangudi
Bang alore-560026.
                                             ...Appellant
(By Sri K. Ranjan Kumar, Advocate)


AND:

Smt. Nalini A. Prabhu
W/o K. Annapp a Prabhu
Staff Mp/3778398
HRM Dep artment, BHEL Industrial
System Group
Prof:CNR Rao Circle
Malleshwaram
Bang alore-12.
                                          ...Respondent
(By Sri Naveen, Advocate for
 Sri V.Manjunath, Advocate)


     This Criminal Appeal is filed under Section 378(4)
of Cr.P.C. p raying to set asid e the imp ugned order
dated 09.02.2009 passed by the XVI Addl. C.M.M.,
Bang alore     in    C.C.No.1836/08-acquitting      the
respondent/accused for the offence punishab le under
section 138 of N.I. Act.
                             :: 3 ::


     These Criminal Appeals coming on for orders this
day, the Court mad e the following :



                          ORDER

Learned counsel for the respondent submits that a

coordinate bench of this court by judgment dated

2.12.2019 dismissed Criminal Appeal 987/2010 filed by

the appellant in these two appeals against K.Annappa

Prabhu who is the husband of the respondent Smt. Nalini

A Prabhu in the two appeals before this court. His further

submission is that the grounds on which the complaint

came to be dismissed are same in all the three appeals

and in view of dismissal of Criminal Appeal 987/2010,

these two appeals also deserve dismissal because the

reasons given therein holds good here also.

2. Appellant's counsel is present and he does not

dispute that Criminal Appeal 987/2010 is filed by the

appellant herein against the husband of the respondent

and the reasons assigned therein apply to these appeals :: 4 ::

also. In view of this submission, these two appeals are

dismissed.

Sd/-

JUDGE

ckl/-