Authority: High Court of Karnataka at Bengaluru

Order Date: 8 August 2019

Case Overview

  • Parties: Appellant – Smt. T.P. Gayathri (W/O T.V. Prasanna Kumar), Proprietrix of Pragathi Investments, represented by GPA holder Sri T.V. Narayana Murthy; Respondents – Sri K.T. Srinivas and Smt. Usha Srinivas, residing at V.B. Bakery, Sajjan Rao Circle, V.V. Puram, Bengaluru.
  • Proceedings: Criminal Appeal No. 968/2016 filed under Section 378(4) of the Criminal Procedure Code, seeking to set aside the judgment dated 31 March 2016 passed by the XXIII Additional Small Causes Judge and XX Additional Chief Metropolitan Magistrate (SCCH‑24), Bangalore, in C.C.No. 28565/2007, which acquitted the respondents of the offence punishable under Section 138 of the Negotiable Instruments Act.
  • Representation: The appellant’s counsel was absent at the previous hearing and again absent on the date of this hearing; the appellant herself also did not appear.

Final Outcome

  • The Court observed the appellant’s lack of interest in prosecuting the appeal due to repeated non‑appearance of the appellant and her counsel.
  • The appeal was dismissed for non‑prosecution.

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