Zakira Begum D/O Samiuddin vs Haseena Begum
2024 Latest Caselaw 5284 Kant

Karnataka High Court

Zakira Begum D/O Samiuddin vs Haseena Begum on 21 February, 2024

Author: Rajendra Badamikar

Bench: Rajendra Badamikar

                                             -1-
                                                     NC: 2024:KHC-K:1682
                                                  CRL.A No. 200143 of 2021
                                              C/W CRL.A No. 200136 of 2021



                           IN THE HIGH COURT OF KARNATAKA,

                                    KALABURAGI BENCH

                      DATED THIS THE 21ST DAY OF FEBRUARY, 2024

                                           BEFORE
                    THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR


                      CRIMINAL APPEAL NO. 200143 OF 2021 (378)
                                            C/W
                      CRIMINAL APPEAL NO. 200136 OF 2021(378)


                   IN CRL.A. NO.200143 OF 2021

                   BETWEEN:

                   ZAKIRA BEGUM D/O SAMIUDDIN
                   AGE: 28 YEARS, OCC: TAILORING/HOUSEHOLD,
                   R/O H.NO. 11-4262 MSK MILL,
                   JEELANABAD KALABURAGI-585103.
Digitally signed
by SHILPA R                                                    ...APPELLANT
TENIHALLI          (BY SRI V. M. ASHRIT, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA          AND:

                   HASEENA BEGUM D/O SHAIKH M.D HUSSAIN
                   AGE: 40 YEARS, OCC: LIBRARIAN,
                   R/O H-NO 11-6877, SHAH JEELANI DARGA,
                   KALABURAGI

                                                            ...RESPONDENT

                   (BY SRI AVINASH A. UPLAONKAR,ADVOCATE)
                            -2-
                                   NC: 2024:KHC-K:1682
                                CRL.A No. 200143 of 2021
                            C/W CRL.A No. 200136 of 2021



     THIS CRL.A. IS FILED U/S. 378 (4) OF CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED
17/3/2021 IN CC.NO.5629/2016 PASSED BY THE IIND
ADDITIONAL CIVIL JUDGE AND JMFC AT KALABURAGI. AND
CONVICT THE RESPONDENT FOR THE OFFENCES U/S 138 AND
142 OF THE N.I ACT.


IN CRL.A. NO.200136 OF 2021

BETWEEN:

JAKIRA BEGUM D/O SAMIUDDIN
AGE: 31 YEARS, OCC: TAILORING/HOUSEHOLD,
R/O H.NO. 11-4262 MSK MILL,
JEELANABAD KALABURAGI-585103.

                                             ...APPELLANT
(BY SRI. V. M. ASHRIT, ADVOCATE)

AND:

HASEENA BEGUM D/O SHAIKH M. D HUSSAIN
AGE: 40 YEARS, OCC: LIBRARIAN,
R/O H.NO. 11-6877, DARGA,
KALABURAGI.

                                           ...RESPONDENT

(BY SRI AVINASH A. UPLAONKAR, ADVOCATE)

     THIS CRL.A. IS FILED U/S. 378 (4) OF CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED
17/3/2021 IN CC.NO.3406/2016 PASSED BY THE IIND
ADDITIONAL CIVIL JUDGE AND JMFC AT KALABURAGI. AND
CONVICT THE RESPONDENT FOR THE OFFENCES U/S 138 AND
142 OF THE N.I ACT.



     THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                              -3-
                                     NC: 2024:KHC-K:1682
                                  CRL.A No. 200143 of 2021
                              C/W CRL.A No. 200136 of 2021




                         JUDGMENT

Learned counsel for the appellant is absent in both

matters.

2. The records disclose that all along the time was

sought on behalf of the appellant herself. These appeals

are filed against the judgment of acquittal for the offence

punishable under Section 138 of Negotiable Instruments

Act (in short NI Act). Though the appeals are pending

from the year 2021, the appellant has not taken any

interest in prosecuting these matters. Hence, it appears

that the appellant/complainant is not interested in

prosecuting these matters.

3. Hence, both appeals are dismissed.

Sd/-

JUDGE

NJ