B S Devaraj vs Bharathi
2023 Latest Caselaw 8366 Kant

Karnataka High Court

B S Devaraj vs Bharathi on 24 November, 2023

Author: Rajendra Badamikar

Bench: Rajendra Badamikar

                                           -1-
                                                   CRL.A No. 741 of 2019
                                                      NC: 2023:KHC:42435




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 24TH DAY OF NOVEMBER, 2023

                                          BEFORE
                  THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                       CRIMINAL APPEAL NO. 741 OF 2019 (A)
               BETWEEN:

               B. S. DEVARAJ,
               S/O LATE B. K. SIDDAIAH,
               AGED ABOUT 61 YEARS,
               NO. 119/2, 8TH CROSS,
               3RD MAIN, CHAMARAJPET
               BENGALURU - 560 018.
                                                            ...APPELLANT
               (BY SRI. SANTHOSH KUMAR M.B, ADVOCATE (ABSENT)

               AND:

               BHARATHI,
               W/O YOGESH MURTHY H.S,
               AGED ABOUT 46 YEARS,
               NO. 42, 2ND MAIN, 3RD CROSS,
Digitally      VIDYANAGARA, T. DASARAHALLI,
signed by      BENGALURU - 560 057.
SOWMYA D
                                                          ...RESPONDENT
Location:
High Court     (BY SRI. NATARAJU B. HALEMANE, ADVOCATE)
of Karnataka
                     THIS CRL.A IS FILED U/S.378(4) OF CR.P.C PRAYING TO
               SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 23.02.2019
               PASSED BY THE JUDGE, COURT OF SMALL CAUSED AND XXVI
               ADDL.C.M.M., BENGALURU IN C.C.NO.1238/2018-ACQUITTING
               THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF
               N.I. ACT.
                                -2-
                                           CRL.A No. 741 of 2019
                                              NC: 2023:KHC:42435




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

Learned counsel for the appellant called out, absent.

2. It is submitted by the complainant that the

disputed cheque Ex.P1 does not belong to the account

maintained by the accused and the said submissions was

recorded on 10.11.2023.

3. Learned counsel for the appellant has

undertaken to produce the depositions of PW.1 along with

copy of Ex.P1 to Ex.P6. But there is no representation on

behalf of the appellant and the appellant has not appeared

so as to prosecute the matter.

Considering these aspects, the appeal stands

dismissed for non-prosecution.

Sd/-

JUDGE

URN

CT: BHK