Sri Tejraj K Jain vs Mr Sameer Ahamed Sharieff
2022 Latest Caselaw 13113 Kant

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    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 17TH DAY OF NOVEMBER, 2022

                          BEFORE

           THE HON'BLE MS.JUSTICE J.M.KHAZI

          CRIMINAL APPEAL NO.743 OF 2018
                       C/W
          CRIMINAL APPEAL NO.744 OF 2018


IN CRIMINAL APPEAL NO.743 OF 2018

BETWEEN:

SRI TEJRAJ K JAIN
S/O LATE KEWAL CHAND,
AGED ABOUT 43 YEARS
RESIDING AT NO.138,
1ST FLOOR, KILARI ROAD,
BENGALURU - 560 043
                                ...COMPLAINANT/APPELLANT

(BY SRI. JAGADEESHWAR J, ADVOCATE - ABSENT)

AND

MR SAMEER AHAMED SHARIEFF
S/O.NOT KNOWN,
AGED ABOUT 30 YEARS
R/AT NO.95/2, 6TH MAIN ROAD,
4TH CROSS,
SHAMANNA NAGAR,
MYSORE ROAD,
BENGALURU - 560 083.
                                .... ACCUSED/RESPONDENT

     THIS APPEAL FILED U/S 378(4) OF CR.P.C BY THE
ADVOCATE FOR THE APPELLANT PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO a) SET ASIDE THE
IMPUGNED ACQUITTAL ORDER DATED 17.10.2017 PASSED
BY THE XXI ADDL. CHIEF METROPOLITAN MAGISTRATE
BENGALURU, C.C.NO.26385/2016. AND CONSEQUENTLY
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ALLOW THIS APPEAL BY CONVICTING THE RESPONDENT FOR
OFFENCE    UNDER    SECTION    138   OF NEGOTIABLE
INSTRUMENTS ACT TO MEETS THE ENDS OF JUSTICE AND b)
TO PASS SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE
COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF
THE CASE IN THE INTEREST OF JUSTICE.

IN CRIMINAL APPEAL NO.744 OF 2018

BETWEEN:

SRI TEJRAJ K JAIN
S/O LATE KEWAL CHAND,
AGED ABOUT 43 YEARS
RESIDING AT NO.138,
1ST FLOOR, KILARI ROAD,
BENGALURU - 560 043
                               ...COMPLAINANT/APPELLANT

(BY SRI. JAGADEESHWAR J, ADVOCATE - ABSENT)

AND

MR SAMEER AHAMED SHARIEFF
S/O.NOT KNOWN,
AGED ABOUT 30 YEARS
R/AT NO.95/2, 6TH MAIN ROAD,
4TH CROSS,
SHAMANNA NAGAR,
MYSORE ROAD,
BENGALURU - 560 026.
                               .... ACCUSED/RESPONDENT

     THIS APPEAL FILED U/S 378(4) OF CR.P.C BY THE
ADVOCATE FOR THE APPELLANT PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO a) SET ASIDE THE
IMPUGNED ACQUITTAL ORDER DATED 17.10.2017 PASSED
BY THE XXI ADDL. CHIEF METROPOLITAN MAGISTRATE
BENGALURU, C.C.NO.26383/2016. AND CONSEQUENTLY
ALLOW THIS APPEAL BY CONVICTING THE RESPONDENT FOR
OFFENCE   UNDER    SECTION   138   OF   NEGOTIABLE
INSTRUMENTS ACT TO MEETS THE ENDS OF JUSTICE AND b)
TO PASS SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE
                                3


COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF
THE CASE IN THE INTEREST OF JUSTICE.

      THESE CRIMINAL APPEALS COMING ON FOR ORDERS
THIS DAY, THE COURT DELIVERED THE FOLLOWING:


                     JUDGMENT

No representation for appellant.

2. No representation for appellant even in the

afternoon session.

3. On 02.11.2022, two weeks time was granted to

do the needful, failing which necessary orders would be

passed for dismissal of appeal.

4. It appears that appellant is not interested in

prosecuting the appeals.

Accordingly, appeals are dismissed for non-

prosecution.

Sd/-

JUDGE

RR