Sri. M Somashekar Reddy vs Sri. Sathish B C
2024 Latest Caselaw 6650 Kant

Karnataka High Court

Sri. M Somashekar Reddy vs Sri. Sathish B C on 6 March, 2024

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

                                        -1-
                                                     NC: 2024:KHC:9386
                                               CRL.A No. 1767 of 2019




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 6TH DAY OF MARCH, 2024

                                      BEFORE
                    THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                        CRIMINAL APPEAL NO. 1767 OF 2019
             BETWEEN:

             1.    SRI. M SOMASHEKAR REDDY
                   S/O LATE MUNISWAMY REDDY
                   AGED ABOUT 66 YEARS
                   NO.33, 15TH CROSS
                   7TH MAIN, BTM 2ND STAGE
                   BANGALORE-560078
                                                          ...APPELLANT

             (BY SRI. M RAMACHANDRA REDDY, ADVOCATE-ABSENT)


             AND:

             1.    SRI. SATHISH B C
                   S/O CHIKKASIDDAPPA
Digitally          AGED ABOUT 38 YEARS
signed by          #20, M M ROAD, 3RD MAIN,
LAKSHMI T          BYATARAYANAPURA
                   BANGALORE-560026.
Location:                                               ...RESPONDENT
High Court   (BY SRI. LOHITH KUMAR N.S., ADVOCATE)
of
Karnataka
                  THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO
             SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 12.04.2019
             PASSED BY THE XIII ADDITIONAL CHIEF METROPOLITAN
             MAGISTRATE     BENGALURU      IN  C.C.NO.25032/2016  -
             ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE
             P/U/S.138 AND 142 OF N.I ACT.

                  THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY,
             THE COURT DELIVERED THE FOLLOWING:
                                      -2-
                                                     NC: 2024:KHC:9386
                                                CRL.A No. 1767 of 2019




                              JUDGMENT

Office has raised an objection regarding

maintainability of the appeal.

2. Though the case was called twice, the learned

counsel for appellant has remained absent.

3. This appeal is preferred under Section 378(4) of

Cr.P.C. by the complainant against the judgment and

order dated 12.04.2019 passed by the Court of XIII

Additional Chief Metropolitan Magistrate, Bengaluru in

C.C.No.25032/2016.

4. Vide impugned judgment the trial Court has

convicted the respondent/accused for an offence

punishable under Section 138 of N.I. Act.

5. Since the accused has been convicted by the

trial Court, the instant appeal preferred by the

NC: 2024:KHC:9386

complainant under Section 378(4) of Cr.P.C. is not

maintainable.

Accordingly, appeal is dismissed as not maintainable.

SD/-

JUDGE

HB