Mr.K.R. Sahasranam vs Mr. C. Harish Kumar
2023 Latest Caselaw 11068 Kant

Karnataka High Court

Mr.K.R. Sahasranam vs Mr. C. Harish Kumar on 19 December, 2023

Author: Rajendra Badamikar

Bench: Rajendra Badamikar

                                        -1-
                                                   NC: 2023:KHC:46215
                                                CRL.A No. 522 of 2019




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 19TH DAY OF DECEMBER, 2023

                                    BEFORE
                THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                        CRIMINAL APPEAL NO. 522 OF 2019
             BETWEEN:
             MR.K.R. SAHASRANAM,
             S/O MR. RAMACHANDRAN,
             AGED ABOUT 60 YEARS,
             PROPRIETOR,
             M/S PRIME GASES,
             HAVING OFFICE AT NO.645,
             6TH MAIN, HAL III STAGE,
             BAGNALORE-75.
                                                           ...APPELLANT
             (BY SRI. A. YOGASHREE, ADVOCATE AND
              SRI. S. SIDDAPPAJI, ADVOCATE (ABSENT))
             AND:
             MR. C. HARISH KUMAR,
             S/O MR. M. CHENNAPPA,
             AGED ABOUT 45 YEARS,
Digitally    PROPRIETOR,
signed by    M/S SRI DURGA GASES,
SOWMYA D     HAVING BUSINESS PLACE AT
Location:    B.B.ROAD, BETTAHALASOOR CROSS,
High Court   NEAR BANK OF INDIA ATM,
of           BANGALORE-562 157,
Karnataka    RESIDING AT
             NO.79, NEAR MILKY DIARY,
             CHIKKAJALA POST,
             BANGALORE NORTH,
             BANGALORE-562 157.
                                                       ...RESPONDENT
             (BY SRI. MANJUNATHA .B.R, ADVOCATE(ABSENT))
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                                              NC: 2023:KHC:46215
                                           CRL.A No. 522 of 2019




     THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT AND ORDER DATED 15.02.2019
PASSED BY THE LVII ADDL.C.M.M., BENGALURU IN
C.C.NO.50805/2018 - ACQUITTING THE RESPONDENT/
ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT
     I.A.No.1/2019 IS FILED TO GRANT SPECIAL LEAVE TO
INITIATE THE ANNEXED APPEAL AGAINST THE JUDGMENT
DATED 15.02.2019 PASSED BY THE LVII ADDITIONAL CHIEF
METROPOLITAN      MAGISTRATE,   BENGALURU    IN   C.C.
No.50805/2018 FOR THE REASONS STATED THEREIN.

      THIS APPEAL COMING ON FOR ORDERS ALONG WITH
I.A.No.1/2019 THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
                         JUDGMENT

The learned counsel for appellant is absent regularly.

2. I.A.No.1/2019 is filed seeking leave to

prosecute the matter. Though the matter is pending since

2019, there is no representation on behalf of appellant

regularly.

3. On perusal of the judgment, it is evident that

the time barred debt is claimed by issuing subsequent

notice. Hence, the learned Magistrate has come to a

conclusion that the cheque was not issued to the amount

due and further, the claim is also barred by law of

limitation. The learned counsel for appellant did not

NC: 2023:KHC:46215

appear to enlighten the Court as to how the judgment of

the learned Magistrate is erroneous so as to grant the

leave. Considering these aspects, I.A.No.1/2019 does not

survive for consideration and accordingly, it stands

rejected. Consequently, the appeal stands dismissed.

Sd/-

JUDGE

DS