Sri. Anil vs Sri. Krishnappa
2023 Latest Caselaw 5497 Kant

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                                                           NC: 2023:KHC:28436
                                                       CRL.A No. 1302 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 10TH DAY OF AUGUST, 2023

                                             BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                CRIMINAL APPEAL No. 1302 OF 2023
                      BETWEEN:

                         SRI. ANIL
                         S/O RAMANNA
                         AGED ABOUT 30 YEARS
                         GIRIGOWDANADODDI
                         THATTAGUPPE POST
                         UTTARAHALLI HOBLI
                         BENGALURU SOUTH TALUK
                         BANGALORE - 560 082.
                                                                ...APPELLANT

                      (BY SRI. VINUTHA S K, AND
Digitally signed by    SRI BHASKAR N, ADVOCATES)
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH        AND:
COURT OF
KARNATAKA

                         SRI. KRISHNAPPA
                         S/O LATE GUNDAPPA
                         AGED ABOUT 37 YEARS
                         R/AT RAOGODLU COLONY
                         UTTARAHALLI HOBLI
                         BOLARE POST
                         BANGALORE SOUTH TALUK
                         BANGALORE - 560 082.
                                                              ...RESPONDENT

                           THIS CRL.A IS FILED U/S 378 OF CR.P.C. PRAYING TO
                      SET ASIDE THE ORDER DATED 24.02.2022 PASSED BY THE II
                      ADDITIONAL    C.J.M.,  BENGALURU    RURAL     DISTRICT,
                      BENGALURU IN C.C.NO.4280/2019 AND ORDER PASSED BY
                      THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU
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                                                    NC: 2023:KHC:28436
                                                CRL.A No. 1302 of 2023




RURAL DISTRICT, BENGALURU IN CRL.A.No.47/2022 DATED
20.04.2023, FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

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

                                JUDGMENT

1. This appeal is filed by the appellant - accused

seeking to set-aside the judgment passed in

Crl.A.No.47/2022 dated 20.04.2023.

2. The appellant - accused has been convicted for the

offence under Section 138 of the Negotiable Instruments

Act, 1881 by judgment dated 24.05.2022 in

C.C.No.4280/2019, by the II Additional Chief Judicial

Magistrate, Bengaluru (Rural) District, Bengaluru.

3. The appellant - accused challenged the said

judgment of conviction by filing appeal in

Crl.A.No.47/2022, on the file of Principal District and

Sessions Judge, Bengaluru (Rural) District, Bengaluru.

The said appeal filed by this appellant - accused came to

be dismissed by judgment dated 20.04.2023, confirming

NC: 2023:KHC:28436 CRL.A No. 1302 of 2023

the judgment of conviction and sentence dated

24.05.2022 passed in C.C.No.4280/2019.

4. Therefore, this appeal filed challenging the judgment

passed in Crl.A.No.47/2022 is a second appeal by this

appellant - accused and it is not maintainable.

5. The appeal has been filed under Section 378 of

Cr.P.C. The said provision does not provide for filing of

the second appeal. Hence, the appeal is dismissed as not

maintainable.

Sd/-

JUDGE

GH