R K Education Trust vs Sri M R Krishnappa
2024 Latest Caselaw 1069 Kant

Karnataka High Court

R K Education Trust vs Sri M R Krishnappa on 11 January, 2024

                                         -1-
                                                 CRL.A No. 1751 of 2019
                                                      NC: 2024:KHC:1606




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 11TH DAY OF JANUARY, 2024

                                      BEFORE
                       THE HON'BLE MS JUSTICE J.M.KHAZI
                       CRIMINAL APPEAL NO.1751 OF 2019
             BETWEEN:

                 R K EDUCATION TRUST
                 NO.9/3, 2ND A MAIN
                 SULTANPALYA, R T NAGAR
                 BENGALURU - 560 032
                 REPRESENTED BY ITS CHAIRMAN &
                 MANAGING TRUSTEE SRI S RAJU
                 S/O LATE SOMAYAJI
                 AGED ABOUT 68 YEARS
                 ADDRESS AS ABOVE
                                                        ...APPELLANT
             (BY SRI. VIJAYARAGHAVAN M R, ADVOCATE - ABSENT)

             AND:

                     SRI M R KRISHNAPPA
                     S/O LATE RUDRAPPA
Digitally signed
by REKHA R           AGED ABOUT 50 YEARS
Location: High       K E S EDUCATION OFFICER,
Court of             OFFICE OF DEPUTY DIRECTOR OF PUBLIC
Karnataka            INSTRUCTIONS, MYSORE BANK CIRCLE
                     BENGALURU - 560 002
                     & RESIDING AT NO.231, OUT HOUSE, 2ND D CROSS
                     NEAR BENNEDOSE CORNER, 3RD BLOCK
                     3RD PHASE, BASAVESHWARANAGAR
                     BENGALURU - 560 079
                                                           ...RESPONDENT
                 (BY SRI. VAIDYA RAVI LAXMINARAYANA, ADVOCATE)

                    THIS CRL.A. IS FILED UNDER SECTION 378(4) OF CR.P.C
             PRAYING TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED
                            -2-
                                    CRL.A No. 1751 of 2019
                                         NC: 2024:KHC:1606




05.08.2019 PASSED IN C.C.NO.26810/2016 ON THE FILE OF
THE XV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,
BENGALURU CITY AND CONVICT THE ACCUSED/RESPONDENT
UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT AND
SENTENCE HIM TO UNDER GO IMPRISONMENT AND ALSO PAY
FINE IN ADDITION TO THE DOUBLE THE AMOUNT OF THE
CHEQUE UNDER SECTION 356(3) OF THE CODE OF CRIMINAL
PROCEDURE AND PASS SUCH OTHER ORDERS AS MAY BE
NECESSARY UNDER THE FACTS AND CIRCUMSTANCES OF THIS
CASE IN THE ENDS OF JUSTICE.


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


                       JUDGMENT

No representation for appellant.

No representation for appellant even in the afternoon

session.

Vide order dated 20.12.2023, adjournment was

granted with a condition to deposit Rs.2,500/- to the High

Court Legal Services Committee. However, the same is not

complied with.

It appears appellant is not interested in prosecuting

the appeal.

NC: 2024:KHC:1606

Hence, I.A.No.1/2019 for special leave is rejected.

Consequently, appeal is dismissed.

Sd/-

JUDGE

RR