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.