Sri Sadashivachar vs Sri P Suresh
2022 Latest Caselaw 2803 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 18 T H DAY OF FEBRUARY, 2022

                            BEFORE

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

            CRIMINAL APPEAL NO.129 OF 2018

BETWEEN:

Sri Sad ashivachar,
S/o Bhaskarachar,
Aged about 56 years,
R/at No.857, Sriramanagara,
Uttarahalli, Bengaluru South Taluk,
Beng aluru.
                                                  ...Appellant
(By Sri B.Rudrachar, Advocate - Absent)

AND:

Sri P.Suresh,
S/o Late D.R.Puttanna,
Aged about 61 years,
R/at House Old No.63,
New No.14, Upstairs,
1 s t Main, Near Kino Talkies,
Nehrunag ar, Seshad rip uram,
Beng aluru-560020.
                                                ...Respondent
(By Sri P.Yogesh, Advocate)

       This Criminal Appeal is filed under Section 378(4)
of CR.P.C. praying to set asid e the judgment dated
10.11.2017 p assed by the XXI ACMM, Beng aluru in
C.C.No.23671/2016 acq uitting the respondent/accused
for   the    offence   punishab le   under   Section   138   of
N.I.Act.
                            :: 2 ::


       This Criminal Appeal coming on for admission
this d ay, the Court d elivered the following:

                        JUDGMENT

The order sheet shows that the appellant's

counsel has been continuously absent. Today also

he is absent. Counsel for the respondent is

present.

2. This appeal is preferred by the appellant,

challenging the judgment of the trial Court

acquitting the respondent/accused for the offence

under Section 138 of the Negotiable Instruments

Act.

3. On perusal of the judgment of the trial

Court, it is found that the trial Court has recorded

reasons that the respondent was able to rebut the

evidence of the petitioner/complainant and also

the fact that there was no service of demand

notice on the respondent. These were the reasons

for acquittal of the respondent/accused. I do not :: 3 ::

find any good ground to interfere in this appeal to

reverse the judgment of acquittal. Therefore

appeal is dismissed.

Sd/-

JUDGE

Kmv/-