Criminal Appeal dismissed for non-prosecution due to appellant's absence and failure to pay court-imposed costs.
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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. 1371 OF 2019
BETWEEN:
SMT. PREMA W/O KRISHNA, AGED ABOUT 42 YEARS, RESIDING AT NO. C2 BLOCK, AUSTIN TOWN POLICE QUARTERS, CEMENT LANE, BENGALURU - 560 047.
…APPELLANT
(BY SRI. R.V. SHIVANANDA REDDY, ADVOCATE(ABSENT))
AND:
SRI. SYED MOHAMMED, S/O SYED HUSSAIN, AGED ABOUT 65 YEARS, RESIDING AT NO.48, 1ST CROSS, YAKIN APARTMENTS, R.T.NAGAR, Digitally BENGALURU - 560 032. signed by SOWMYA D NOW RESIDING AT NO. 1286, Location: 4TH MAIN, AMBEDKAR LAYOUT, High Court SHAMPURA MAIN ROAD, of BENGALURU - 560 045. Karnataka …RESPONDENT (BY SRI. PARAMESHWAR .N HEGDE, ADVOCATE) THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 19.11.2018, PASSED BY THE LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE CCH-59 BENGALURU CITY IN CRL.A.NO.1312/2015,
NC: 2023:KHC:46010 CRL.A No. 1371 of 2019
AND CONFIRMED THE JUDGMENT OF CONVICTION DATED 26.09.2015, PASSED BY THE XVIII A.C.M.M., AT BENGALURU IN C.C.NO.249/2011, ACQUITTING THE RESPONDENTS/ ACCUSED FOR THE OFFENCE P/U/S 138 OF THE N.I ACT AND ENHANCE THE COMPENSATION OF DOUBLE THE CHEQUE AMOUNT ALONG WITH @ 9% INTEREST PER ANNUM.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for appellant is absent even during second call.
All along, time is being sought and on last date of hearing matter was adjourned on payment of cost of Rs.5,000/-. The matter was listed on 14.12.2023 and again time was sought undertaking to pay the cost today. But even today there is no representation and costs were also not paid. It is evident that appellant is not interested in prosecuting the matter and he has not even bothered to pay the cost imposed by this Court. Considering the conduct of the appellant, the appeal stands dismissed for non-prosecution.
NC: 2023:KHC:46010 CRL.A No. 1371 of 2019
In view of dismissal of main matter, the pending
I.As. also stand dismissed.
Sd/JUDGE
DS List No.: 1 Sl No.: 6
Smt. Prema W/o Krishna
Sri. Syed Mohammed
Rajendra Badamikor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
