The High Court of Karnataka held that the appellant failed to appear in person or through counsel despite service of notice, leading to her disinterest in prosecuting. Consequently, the court dismissed the criminal appeal for non-prosecution.
The criminal appeal was dismissed due to non-prosecution by the appellant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.A No. 2525 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL APPEAL NO. 2525 OF 2012
BETWEEN:
S. Y. SUMANGALDEVI, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: SHIVASHAKTI NAGAR, GOKUL ROAD, NILAJI CROSS, BELGAUM.
…APPELLANT
(BY SRI. S. Y. MANGALADEVI., ADVOCATE)
AND:
AGE: 57 YEARS, OCC: BANK SERVICE, STATE BANK OF INDIA, BAILHONGAL BRANCH, TQ: BAILHONGAL, DIST: BELGAUM.
…RESPONDENTS
(BY SRI. V. M SHEELAVANT., ADVOCATE FOR R1)
(BY SRI. JAGADISH PATIL., ADVOCATE FOR R2)
THIS CRIMINAL APPEAL IS FILED U/S 378(1) OF CR.P.C SEEKING TO SET ASIDE THE JUDGMENT AND ORDER DATED 02.12.2011 PASSED BY THE JUDICIAL MAGISTRATE FIRST CLASS-II, BELGAUM IN C.C NO.159/2004 AND FURTHER PUNISH THE RESPONDENT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 494 & 496 OF IPC.
CRL.A No. 2525 of 2012
THIS PETITION COMING ON FOR HEARING THIS DAY. THE COURT MADE THE FOLLOWING.
JUDGMENT
After elevation of the learned counsel who is appearing for the appellant, vide order dated 15.01.2021, Court notice was issued to the appellant and it is duly served on her on 29.06.2022. However, she has not chosen to appear either in person or through counsel. It appears that the appellant is not interested in prosecuting the matter. Therefore, the appeal is dismissed for non-prosecution.
Sd/JUDGE
PJ
List No.: 1 Sl No.: 41
S. Y. SUMANGALDEVI
SRI. MAHADEVAPPA DUNDAPPA YALAWAR
VISHAKA MAMBLE W/O. MAHADEVAPPA YALAWAR
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
