Sri Parshwanath Jain vs Smt. Sunitha Ramachandra Patil
2023 Latest Caselaw 11271 Kant

Karnataka High Court

Sri Parshwanath Jain vs Smt. Sunitha Ramachandra Patil on 20 December, 2023

Author: Rajendra Badamikar

Bench: Rajendra Badamikar

                                          -1-
                                                       NC: 2023:KHC:46444
                                                    CRL.A No. 551 of 2019




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 20TH DAY OF DECEMBER, 2023

                                        BEFORE
                   THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                          CRIMINAL APPEAL NO. 551 OF 2019
               BETWEEN:

               SRI. PARSHWANATH JAIN,
               SON OF PUTTEGOWDA JAIN,
               AGE 45 YEARS,
               RESIDING AT NO.639,
               9TH 'A' CROSS, KAVI PONNA ROAD,
               SRINAGARA, BENGALURU-560 050.
                                                              ...APPELLANT

               (BY SRI. PARAMESWARAPPA .C, ADVOCATE(ABSENT))
               AND:

               SMT. SUNITHA RAMACHANDRA PATIL,
               WIFE OF RAMACHANDRA K. PATIL,
               RESIDING AT NO.13, 8TH MAIN ROAD,
               BYRASANDRA, I BLOCK, JAYANAGAR,
               BANGALORE - 560 011.

Digitally      ALSO AT: SHOP NO.7, GROUND FLOOR,
signed by      NO.149/44-1, BYRASANDRA MAIN ROAD,
SOWMYA D       1ST BLOCK EAST, JAYANAGAR,
               BANGALORE - 560 011
Location:
               AND AT NO.1663, 5TH MAIN,
High Court
               6TH CROSS, RPC LAYOUT, II STAGE,
of Karnataka
               VIJAYANAGAR, BANGALORE - 560 040.
                                                          ...RESPONDENT
               (BY SRI. NAGENDRA SHETTY AND
                   SRI. H. MEERA KESHAVA MURTHY, ADVOCATE)

                    THIS CRL.A. IS FILED U/S 378(4) CR.P.C PRAYING TO SET
               ASIDE THE JUDGMENT DATED 13.02.2019 PASSED BY THE XVI
               A.C.M.M., BANGALORE IN C.C.NO.27347/2014 - ACQUITTING THE
               RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 ON N.I
               ACT.
                                     -2-
                                                  NC: 2023:KHC:46444
                                               CRL.A No. 551 of 2019




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

The learned counsel for appellant is absent.

2. All along there is no representation on behalf of the learned counsel for appellant. But allegations of the complaint disclose that the amount due is only to the extent of Rs.3,00,000/-, but the cheque was for Rs.3,85,000/- including the Interest at the rate of 18% per annum was charged, but there is no evidence regarding charging of interest. The learned Magistrate has come to conclusion that this cheque amount is not a legally enforceable debt.

3. The learned counsel for appellant did not appear before the Court to convince the Court that matter requires admission and there is material evidence to substantiate the said contention. Considering these aspects and consistent absence of the appellant, appeal stands dismissed for non-prosecution.

Sd/-

JUDGE

DS