In the absence of appellant counsel and continued failure to furnish required process fee and filing papers, the High Court of Karnataka held the appellant was uninterested and dismissed the criminal appeal.
The criminal appeal filed under S. 378(4) Cr.PC was dismissed due to non-appearance of counsel and failure to submit requisite process fee and documents.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL APPEAL NO. 297 OF 2020 (A)
BETWEEN:
SRI. JAYANNACHARI S/O KEMPACHARI AGED ABOUT 42 YEARS, NO.222/3, SHARADA NILAYA OPP TO PRESIDENCY SCHOOL VIRATA NAGAR, BOMMANAHALLI BANGALORE SOUTH - 560 068.
…APPELLANT
Digitally signed by SWAPNA V Location: high court of karnataka
(BY SRI. RAGHAVENDRA H.S., ADVOCATE (AB))
AND:
KAVITHA K.N. W/O NARASA HANUMAIAH AGED ABOUT 30 YEARS, R/AT. TARASIGATTA VILLAGE DODDABELE GRAMA PANCHAYATHI THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DIST ALSO AT., KAVITHA K.N. D/O NARANAPPA W/O NARASA HANUMAIAH AGED ABOUT 30 YEARS, R/AT. KALLANAYAKANA HALLI AGALAKUPPE GRAMA PANCHAYATHI SOMPURA, NELAMANGALA TALUK BANGALORE RURAL DIST.
…RESPONDENT
THIS CRL.A IS FILED U/S 378(4) CR.PC PRAYING TO SET ASIDE THE ORDER OF DISMISSING THE COMPLAINT DATED 26.09.2019, PASSED BY THE VI ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ACMM, AT BENGALURU IN C.C.NO.21551/2016,
ACQUITTING THE RESPONDENTS/ACCUSED FOR THE OFFENCE P/U/S 138 OF THE N.I ACT.
THIS CRL.A, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL JUDGMENT
Learned counsel for the appellant is absent. No representation even when the matter is passed over twice and again called at 2.40 pm.
PF is not furnished along with copy of the appeal and the IA for issuance of notice to respondent.
The order sheet dated 25.09.2024 reads as under:
"Learned counsel for the appellant is absent.
The appeal is of the year 2020, till date PF is not furnished along with copy of appeal and IA appears to issue notice to the respondent.
To afford one more opportunity, finally one week time is granted to furnish PF along with copy of appeal and IA papers to issue notice to the respondent."
Inspite of that there is no progress in the matter nor there is any representation. Therefore, it is clear that that appellant is not interested in prosecuting the appeal.
Hence, the appeal is dismissed .
Sd/(M G UMA) JUDGE
BH
List No.: 1 Sl No.: 36
1 provisions across 1 enactments
SRI. JAYANNACHARI S/O KEMPACHARI
KAVITHA K.N.
M G UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
