The appellant, absent and having failed to pay adjournment costs or report a settlement, was deemed not interested in prosecuting the appeal against a judgment of acquittal. The appeal was dismissed for non-prosecution.
The appeal stands dismissed for non-prosecution.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
CRIMINAL APPEAL NO. 112 OF 2019
BETWEEN:
H.C. KARIBASAVAIAH, AGED ABOUT 58 YEARS, S/O LATE CHIKKANNAIAH SINCE DEAD BY LR
UMADEVI .N, W/O LATE H.C.KARIBASAVAIAH, AGED ABOUT 62 YEARS, NO.407, SRINIVASA KRUPA, PRASHANTHNAGAR, DEVARAYAPATTANA, TUMAKURU - 572 103.
(CAUSE TITLE AMENDMENT CARRIED OUT AS PER ORDER DATED 22.09.2023)
…APPELLANT
(BY SRI. VINAYA KEERTHY .M, ADVOCATE(ABSENT)) AND:
Digitally signed by AND: SOWMYA D Location: V. NIRMALA, High Court AGED ABOUT 56 YEARS, of W/O M. GANGAPPA, Karnataka SHIVAKRUPA, PRASHANTHNAGAR, DEVARAYAPATTANA NEW EXTN., BATAWADI, TUMAKURU – 572 102.
…RESPONDENT
(BY SRI. CHETHAN .B, ADVOCATE)
THIS CRL.A. FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 30.11.2018 PASSED BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C.-I,
TUMAKURU IN C.C.NO.3920/2016 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for appellant called out, absent, even during the second call.
On all earlier dates of hearing, it is submitted that the matter is likely to be settled and time is being sought regularly. However, no settlement was reported. Considering the conduct of the appellant, on the last date of hearing, the matter was adjourned on payment of cost of Rs.4,500/-. Inspite of the same appellant has not chosen to pay the cost or appear before the Court to report settlement. Considering these aspects, it is evident that the appellant is not interested in prosecuting the appeal. Hence, the appeal stands dismissed for nonprosecution.
Sd/JUDGE
DS
List No.: 1 Sl No.: 5
1 issue framed by the court
Whether the criminal appeal should be allowed in the face of appellant's failure to prosecute?
1 provisions across 1 enactments
H.C. KARIBASAVAIAH
SOWMYA D
RAJENDRA BADAMIKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
