30 August 2013
Supreme Court
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R.JAYANTHI Vs STATE OF KARNATAKA

Bench: H.L. GOKHALE,J. CHELAMESWAR
Case number: Crl.A. No.-001339-001339 / 2013
Diary number: 13647 / 2012
Advocates: SANJAY JAIN Vs V. N. RAGHUPATHY


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IN THE SUPREME COURT OF INDIA

CRIMINAL  APPELLATE JURISDICTION  

CRIMINAL APPEAL NO. 1339   OF 2013

(Arising out of SLP(Crl.) No.5120/2012)

R. JAYANTHI                                Appellant(s)

                    :VERSUS:

STATE OF KARNATAKA                         Respondent(s)

O R D E R

Leave granted.

2. Heard the learned counsel for the appellant  

as  well  as  learned  counsel  for  the  State  of  

Karnataka.  

3. It appears that the appellant did not have  

proper representation when Criminal Appeal No.1200  

of 2005 came to be allowed by a learned Single Judge  

of the Karnataka High Court on 3rd February, 2012.  

This was because the case papers were transferred to  

another Advocate at the last moment and he did not  

appear when the matter was taken up. By judgment and  

order dated 3rd February, 2012, the order passed by

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the Trial Court acquitting the appellant under the  

Prevention of Corruption Act, has been reversed and  

she has been convicted and sentenced to undergo six  

months simple imprisonment and a fine of Rs.5,000/-  

under Section 7 and to undergo simple imprisonment  

for one year and a fine of Rs.5,000/- under Section  

13(1)(d) read with Section 13(2) of the Prevention  

of Corruption Act, 1988.

4. Having noted that the appellant did not have  

representation  before  the  High  Court  under  the  

circumstances  which  have  been  explained  by  the  

appellant, we accept the explanation. The judgment  

and order rendered by the High Court is, therefore,  

set aside only on this point. The Criminal Appeal  

No.1200 of 2005 will stand restored to the file of  

the Karnataka High Court.  We request the Karnataka  

High Court to take up and dispose of the appeal at  

the earliest possible.  This appeal is disposed of  

accordingly.  

.........................J (H.L. GOKHALE)

.........................J

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(J. CHELAMESWAR) New Delhi; August 30, 2013.