In Criminal Appeal No.753 of 2017 regarding an acquittal under Section 138 NI Act, the High Court dismissed the appeal for non-prosecution due to the appellant's absence and failure to participate after 2021.
Appeal dismissed for non-prosecution.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2022
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL APPEAL NO.753 OF 2017
BETWEEN:
M/s. Komarla Feeds A Registered Partnership Firm No.172, Kavi Lakshmeesha Road Visveshwarapuram Bengaluru-560 004 Represented by its power of Attorney holder Sri D.N. Prakash
…Appellant
(By Sri T. Nataraju, Advocate - Absent)
AND:
N. Sathish S/o Narayanappa Major Proprietor of M/s P.S.Poultry Farm C/o S.L.V. Chicken Centre Opp. Pondhan Industry House No.15, Shrirampura Jakkur Post, Yelahanka Hobli-560 064. …Respondent
(By Sri H.V. Praveen Gowda, Advocate)
This Criminal Appeal is filed under Section 378(4) Cr.P.C. praying to set aside the impugned judgment and order of acquittal dated 23.11.2016 passed by the XXV A.C.M.M Bengaluru in C.C. No.9956/2012
:: 2 ::
acquitting the respondent / accused for the offence P/U/S 138 of N.I. Act.
This Criminal Appeal coming on for admission this day, the Court delivered the following:
JUDGMENT
Appellant’s counsel is absent. The order sheet shows that after 29.01.2021 nobody has represented the appellant. Today respondent’s counsel is present and appellant’s counsel is absent. Since the appeal is not yet admitted and as it is found that the appellant is not interested in prosecuting the case, appeal is dismissed for non-prosecution.
Sd/-
JUDGE
sd
1 provisions across 1 enactments
M/s. Komarla Feeds
N. Sathish
SREENIVAS HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
