Mr Seetha Ram Poojary vs Mr Raghu S
2023 Latest Caselaw 753 Kant

                                                  -1-
                                                             CRL.A No. 1383 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 11TH DAY OF JANUARY, 2023

                                                BEFORE
                                  THE HON'BLE MR JUSTICE P.N.DESAI
                                 CRIMINAL APPEAL NO. 1383 OF 2021 (A)
                      BETWEEN:

                      MR. SEETHA RAM POOJARY
                      AGED ABOUT 49 YEARS
                      S/O GOVIND POOJARY
                      RESIDING AT MATHRUSHRI SWEETS,
                      M.K .ROAD, 6TH MAIN,
                      SRIRAMPURA
                      BANGALORE-560 021.

                                                                        ...APPELLANT

                      (BY SRI. SHIVASHANKARA. A, ADVOCATE)

                      AND:

                      MR. RAGHU S.
                      AGED ABOUT 33 YEARS,
                      S/O SIDDRAMAIAH
                      RESIDING AT NO.77/2,
Digitally signed by   3RD CROSS, CHOLARAPALYA
NAGARATHNA M
Location: HIGH        BANGALORE-560 023.
COURT OF
KARNATAKA
                                                                     ...RESPONDENT

                            THIS APPEAL IS FILED U/S.378(4) CR.P.C BY THE ADVOCATE
                      FOR THE APPELLANT PRAYING TO SET ASIDE THE JUDGMENT DATED
                      10.12.2018 PASSED BY THE XIX ADDITIONAL CHIEF METROPOLITAN
                      MAGISTRATE AT BENGALURU CITY IN C.C.NO.12038/2017 -
                      ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE
                      PUNISHABLE UNDER SECTION 138 OF NI ACT.

                          THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                      COURT DELIVERED THE FOLLOWING:
                                   -2-
                                             CRL.A No. 1383 of 2021




                              JUDGMENT

Office has raised as many as 13 objections. The order sheet

produced by the appellant dated 11.01.2021 in Crl.A.No.75/2019

shows that the learned LXV Addl. City Civil and Sessions Judge,

Bangalore has dismissed the appeal and confirmed the judgment of

conviction dated 10.12.2018 passed in C.C.No.12038/2017 by

learned XIX ACCM, Bangalore. However, certified copy of the

judgment passed in Crl.A.No.75/2019 is not produced. Matter is

pending before this Court nearly for two years 11 months. Against

the concurrent findings of conviction by the trial court and the

Sessions court, again an appeal does not lie to this Court. Office

objection No.1 is upheld. Therefore, the appeal is not maintainable.

2. Hence, the appeal is dismissed as not maintainable. However,

it is open for the appellant to institute appropriate proceedings, if he

is entitled under law and if he is advised so.

Sd/-

JUDGE

MN