Criminal appeal against acquittal dismissed as appellant absent despite court notice; counsel deceased, appellant did not prosecute appeal.
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CRL.A No. 299 of 2021 NC: 2024:KHC:12453
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL APPEAL NO.299 OF 2021
BETWEEN:
MR RAMAKRISHNA S/O LATE NARAYANA MOOLYA, AGED ABOUT 46 YEARS, R/AT BELMA VILLAGE, NITHYANANDA NAGARA POST, MANGALURU TALUK - 575 160.
…APPELLANT
(BY SRI. RAMAKRISHNA, APPELLANT - ABSENT)
AND:
Digitally signed by REKHA R Location: High Court of Karnataka
ABDUL KHADAR I S/O IDDINABBA AGED ABOUT 52 YEARS, R/AT D.NO.3-92, FATHIMA MANZIL, BELMA, DERALAKATTE, MANGALURU TALUK - 575 160.
…RESPONDENT
(RESPONDENT - SERVED)
THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO ALLOW THIS MEMORANDUM OF CRIMINAL APPEAL AND BE PLEASED TO SET ASIDE THE IMPUGNED JUDGMENT OF ACQUITTAL ORDER DATED 01.02.2020 PASSED BY THE LEARNED JMFC IV COURT, MANGALURU, D.K., IN C.C.NO.4015/2019 AND CONVICT THE RESPONDENT/ ACCUSED IN ACCORDANCE WITH LAW WITH WHICH HE HAS BEEN CHARGE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CRL.A No. 299 of 2021 NC: 2024:KHC:12453
JUDGMENT
This matter is of the year 2021.
No representation for appellant.
Even in the afternoon session appellant is absent.
Since the learned counsel who was appearing for the appellant was no more, vide order dated 20.02.2024 Court notice was ordered to be issued to appellant/complainant.
The Court notice is duly served on the appellant/complainant. However, appellant/complainant has not chosen either to appear before the Court or engage the services of another counsel.
It appears appellant is not interested in prosecuting the appeal.
Hence, appeal is dismissed for non-prosecution.
Sd/JUDGE
RR List No.: 1 Sl No.: 51
1 provisions across 1 enactments
Ramakrishna s/o Late Narayana Moolya
Abdul Khadar I s/o Iddinabba
J.M.KHAZI
As recorded by the court registry
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