IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.874 OF 2018 BETWEEN:
P.G. Natarajan S/o Ganapathi, No.873/22, Dr. Hebbar Road, Hanumanthanagara, Bengaluru-560 019. ...Appellant (By Sri. S.P. Govindaraja, Advocate) AND:
M/s Religare Finvest Ltd., No.302/37, 3rd Floor, Chicageo Avenu, Chunningham Road, Bengaluru-560 052. ...Respondent This Criminal Appeal is filed under Section 374 of Cr.P.C. praying to set aside the judgment dated 23.04.2018, passed by the LXII Additional City Civil and Sessions Judge, Bengaluru, in Crl.A.No.9/2016.
This Appeal coming on for Orders, this day, the Court delivered the following:
ORDER None appear in this matter.
2. The present appeal is filed by the accused in the trial Court challenging the judgment of confirmation of the judgment of conviction by the Court of appeal (Sessions Judge Court) in Crl.A.No.9/2016 dated 23.04.2018 passed by the LXII Additional City Civil and Sessions Judge, Bengaluru, confirming the judgment of conviction passed by the trial Court holding the present appellant guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
3. Office has raised objection stating that since the appeal challenging the judgment of conviction had already been filed by the present accused/appellant before the learned Sessions Judge in the immediate Court below, the present appeal under Section 374 of the Code of Criminal Procedure, 1973, is not maintainable.
4. Inspite of granting several and sufficient opportunities to hear on maintainability, the appellant has not appeared and made his submission regarding maintainability. In view of the same, since the office objection sustains, the appeal stands dismissed as not maintainable.
Sd/- JUDGE BMC