Smt Anithalakshmi S V vs Gajendra
2022 Latest Caselaw 12339 Kant

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   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 11TH DAY OF OCTOBER, 2022

                       BEFORE

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

         CRIMINAL APPEAL NO.2237 OF 2018

BETWEEN:

SMT ANITHALAKSHMI S V
W/O ANAND NAVADE
HOUSE WIFE,
AGED ABOUT 31 YEARS
R/O NO.1922
GROUND FLOOR, 9TH CROSS,
SREENIVASAIAH BLOCK
BEML LAYOUT, III STAGE,
RAJARAJESHWARI NAGAR,
BENGALURU - 560 098
                                         ... APPELLANT
(BY SRI. G.NAGARAJA, ADVOCATE)

AND:

GAJENDRA
S/O RUPLA NAIK
BUSINESS
AGE ABOUT 35 YEARS
R/O NO.145/28, NO-E-14,
C/O PRABHAKAR BUILDING
B N REDDY LAYOUT
BOMMASANDRA POST
HOSUR MAIN ROAD,
BENGALURU - 560 009
                                        ...RESPONDENT

      THIS APPEAL IS FILED UNDER SECTION 378 OF THE
CODE OF CRIMINAL PROCEDURE PRAYING TO A) SET ASIDE
THE JUDGMENT DATED 15/10/2018, ON THE FILE OF THE
XXII ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE
ON HIS FILE IN CC NO.29814/17 AND B) GRANT SUCH
OTHER ORDER OR RELIEFS AS THIS HON'BLE COURT DEEMS
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FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE
CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                     JUDGMENT

Vide order dated 17.02.2021, as a last chance three

weeks time was granted to comply with office objections

and a peremptory order was passed to the effect that if

the office objections are not complied with, within the

said period, the appeal shall be listed for dismissal.

Though in the morning session, learned counsel for

appellant was present and undertook to comply with

office objections, the same is not complied with.

In view of the same as per order dated 17.02.2021,

the appeal is dismissed for default.

Sd/-

JUDGE

RR