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2025 DAILYLAW 41010 (KAR)

PRAKASHCHAND v. M/S R K APPARELS VENTURES (P) LTD

CRL.A/921/2012 · 2025-11-27

G Basavaraja

Criminal Appealbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49503 CRL.A No. 921 of 2012 C/W CRL.A No. 920 of 2012 CRL.A No. 922 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 921 OF 2012 (A) C/W CRIMINAL APPEAL NO. 920 OF 2012 (A), CRIMINAL APPEAL NO. 922 OF 2012 (A) IN CRL.A No. 921/2012 BETWEEN: PRAKASHCHAND, S/O SRI. PRATAPCHAND, 39 YEARS, M/S P.B. FABRIQUE INC, NO.5 & 6, BOMBAY ANAND BHAVAN, CHICKPET, BANGALORE-560002 …APPELLANT (BY SRI. S J SANGHVI., ADV.) AND: 1. M/S R K APPARELS VENTURES (P) LTD., A COMPANY REP. BY MANAGING DIRECTOR/ AUTHORISED SIGNATORY RAJU JOSE KALARIYIL, 2. RAJU JOSE KALARIYIL MANAGING DIRECTOR/ AUTHORISED SIGNATORY OF M/S R K APPARELS VENTURES (P) LTD, BOTH AT NO.24/1, 1ST A CROSS, SUDHAMANAGAR, Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49503 CRL.A No. 921 of 2012 C/W CRL.A No. 920 of 2012 CRL.A No. 922 of 2012 BANGALORE-560027, ALSO AT D.D VASTRA MAHAL, MARKET ROAD, ERNAKULAM. …RESPONDENTS (BY SRI. RAVINDRA R., ADV., VIDE COURT ORDER DT:29.07.2025 R2 DISMISSED.) THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER OF ACQUITTAL DATED 30.06.2012 PASSED BY THE XV A.C.M.M., BANGALORE IN C.C.NO.14921/2009-ACQUITTING THE RESPONDENTS/ ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.ACT. IN CRL.A NO. 920/2012 BETWEEN: PRAKASHCHAND S/O SRI. PRATAPCHAND, 39 YEARS, M/S P.B. FABRIQUE INC, NO.5 & 6, BOMBAY ANAND BHAVAN, CHICKPET, BANGALORE-02 ...APPELLANT (BY SRI. S J SANGHVI., ADV.) AND: 1. M/S R K APPARELS VENTURES (P) LTD., A COMPANY REP. BY MANAGING DIRECTOR/ AUTHORISED SIGNATORY RAJU JOSE KALARIYIL, 2. RAJU JOSE KALARIYIL MANAGING DIRECTOR/ AUTHORISED SIGNATORY OF M/S R K APPARELS VENTURES (P) LTD, - 3 - HC-KAR NC: 2025:KHC:49503 CRL.A No. 921 of 2012 C/W CRL.A No. 920 of 2012 CRL.A No. 922 of 2012 BOTH AT NO.24/1, 1ST A CROSS, SUDHAMANAGAR, BANGALORE-560027, ALSO AT D.D VASTRA MAHAL, MARKET ROAD, ERNAKULAM. ...RESPONDENTS (BY SRI. RAVINDRA R., ADV., VIDE COURT ORDER DT:29.07.2025 R2 DISMISSED.) THIS CRL.A IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE ORDER OF ACQUITTAL DT.30/6/2012 PASSED IN C.C. No.14920/2009 BY THE XV ADDL.CMM., BANGALORE - ACQUITTING THE RESPONDENT/ ACCUSED FOR THE OFFENCE P/U/S.138 OF N.I. ACT. IN CRL.A NO. 922/2012 BETWEEN: PRAKASHCHAND S/O SRI. PRATAPCHAND, 39 YEARS, M/S P.B. FABRIQUE INC, NO.5 & 6, BOMBAY ANAND BHAVAN, CHICKPET, BANGALORE-560002 ...APPELLANT (BY SRI. S J SANGHVI., ADV.) AND: 1. M/S R K APPARELS VENTURES (P) LTD., A COMPANY REP. BY MANAGING DIRECTOR/ AUTHORISED SIGNATORY RAJU JOSE KALARIYIL, - 4 - HC-KAR NC: 2025:KHC:49503 CRL.A No. 921 of 2012 C/W CRL.A No. 920 of 2012 CRL.A No. 922 of 2012 2. RAJU JOSE KALARIYIL MANAGING DIRECTOR/ AUTHORISED SIGNATORY OF M/S R K APPARELS VENTURES (P) LTD, BOTH AT NO.24/1, 1ST A CROSS, SUDHAMANAGAR, BANGALORE-560027, ALSO AT D.D. VASTRA MAHAL, MARKET ROAD, ERNAKULAM. ...RESPONDENTS (BY SRI. RAVINDRA R., ADV., VIDE COURT ORDER DT:29.07.2025 R2 DISMISSED.) THIS CRL.A IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE ORDER OF ACQUITTAL DT.30/6/2012 PASSED IN C.C. No.14922/2009 BY THE XV ADDL. CMM., BANGALORE - ACQUITTING THE RESPONDENTS/ ACCUSED FOR THE OFFENCE P/U/S.138 OF N.I. ACT. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT Notice is duly served to the applicant. Notice issued to respondent No.1 returned with shara “Vacated”. Appeal against respondent No.2 is already - 5 - HC-KAR NC: 2025:KHC:49503 CRL.A No. 921 of 2012 C/W CRL.A No. 920 of 2012 CRL.A No. 922 of 2012 dismissed as per order dated 29th July, 2025. Despite service of notice, applicant remained absent and unrepresented. The appellant has no interest in prosecuting these appeals. Hence, appeals are dismissed for non-prosecution. Sd/- (G BASAVARAJA) JUDGE lnn List No.: 1 Sl No.: 44