Appeal against acquittal in Section 138 of Negotiable Instruments Act dismissed as appellant failed to prosecute and had no representation.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2022
BEFORE
THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR
CRIMINAL APPEAL No.465/2011
BETWEEN:
SRI. N. RAM PRAKASH S/O B.R. NARAYANA AGED ABOUT 45 YEARS RESIDING AT 49 K.K. HALLI SAINT THOMAS TOWN POST HENNUR MAIN ROAD BENGALURU-560 043 ….APPELLANT
(BY SRI. H.N. BASAVARAJU, ADVOCATE (ABSENT))
AND:
SMT. MINU SANGEETHA ALIAS NINU SANGEETHA, W/O PRASANNA AGED ABOUT 31 YEARS NOW RESIDING AT NO.169/1 SITE NO.25 2ND CROSS, NAGANNA NILAYA SONNAPPA-LAYOUT, HENNUR BANDE KALAYANA NAGAR POST BENGALURU-560 043 …RESPONDENT
(BY SRI. V. ANAND, ADVOCATE)
THIS APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT DATED 21.02.2011 IN C.C.NO.27281/2006 PASSED BY THE XVIII ACMM AND XX ASCJ, BENGALURU-ACQUITING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.ACT.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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J U D G M E N T
This appeal is filed against the judgment of acquittal pertaining to offence under Section 138 of Negotiable Instruments Act, 1881 and it is pending since 2011.
Learned counsel for the appellant/complainant called-out. He is absent.
The Order Sheet discloses that, all along there was no representation on behalf of the appellant/ complainant. Therefore, looking to the conduct of the appellant/complainant, it is evident that he is not interested in prosecuting the matter. Even on 09.02.2022, this Court has passed a peremptory order and in spite of that, the appellant/complainant has not bothered to prosecute the matter. Therefore, considering the conduct of the appellant/complainant, the appeal stands dismissed for non-prosecution .
Sd/-
JUDGE
KGR*
Sri. N. Ram Prakash
Smt. Minu Sangeetha
Rajendra Badamikar
As recorded by the court registry
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