Criminal appeal disputed an acquittal under Section 138 NI Act. Counsel retired from the appeal; it was dismissed for non-prosecution.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.573 OF 2017
BETWEEN:
SRI. K.N.MUNISWAMY S/O LATE NARAYANAPPA, AGED 67 YEARS, R/AT 783/3, BAMBOO BAZAR, GULPET, KOLAR - 563 101.
… COMPLAINANT/APPELLANT
(SRI. K.N.MUNISWAMY - APPELLANT - ABSENT)
AND:
SRI. H. GOPALKRISHNA S/O HANUMANTHAIAH, AGED ABOUT 45 YEARS, WORKING AS COMMERCIAL TAX INSPECTOR, OFFICE OF THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES, ACCT, LVO - 65, 3RD FLOOR, KAIDA BUILDING, 14TH CROSS, 2ND STAGE, PEENYA, BANGALORE - 560 058.
..ACCUSED/RESPONDENT
(BY SRI. PRAKASHA, ADVOCATE)
THIS APPEAL IS FILED UNDER SECTION 378(4) OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO a) SET ASIDE THE IMPUGNED JUDGMENT AND ORDER OF ACQUITTAL DATED 05.01.2017 PASSED BY XIII ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE IN C.C.NO.15576/2015 AND TO CONVICT THE ACCUSED / RESPONDENT FOR THE OFFENCES PUNISHABLE UNDER
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SECTION 138 OF N.I.ACT IN THE INTEREST OF JUSTICE; b) TO PASS ANY OTHER SUCH ORDER/S AS DEEMS FIT BY THIS HON'BLE COURT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Learned counsel for the appellant has filed a memo
seeking permission to retire from the case on the ground that on 14.01.2022, appellant has taken back the file from him.
The aforesaid memo is placed on record.
In view of the memo, learned counsel for the
appellant is permitted to retire from the case.
It appears that the appellant is not interested in prosecuting the appeal and hence, appeal is dismissed for non prosecution.
Sd/-
JUDGE
MDS
1 provisions across 1 enactments
SRI. K.N.MUNISWAMY
SRI. H. GOPALKRISHNA
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
