Criminal appeal against dismissal of a complaint; appellant absent despite conditional order, appeal dismissed for default.
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CRL.A No. 336 of 2021 NC: 2024:KHC:10267
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL APPEAL NO.336 OF 2021
BETWEEN:
SRI S VIJAYAKUMAR S/O SHANKARA NAIK AGED ABOUT 48 YEAWR R/AT 2ND CROSS, BAPU NAGARA HESGAL VILLAGE & POST MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT PIN - 577 132
…APPELLANT
(BY SRI. SURENDRA G, ADVOCATE - ABSENT)
AND:
Digitally signed by REKHA R Location: High Court of Karnataka
SRI ROHINI PINTO @ RONALD PINTO S/O PETER PINTO AGED ABOUT 55 YEARS R/AT 2ND CROSS, J.M. ROD, MUDIGERE TOWN POST CHIKKAMAGALURU DISTRICT PIN - 577 132
…RESPONDENT
THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO a) SET ASIDE THE IMPUGNED ORDER DATED 17.10.2019 IN C.C.NO.51/2019 ANNEXURE-J PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, MUDIGERE; b) FURTHER BE PLEASED TO SET ASIDE THE ORDER OF DISMISSING THE COMPLAINT DATED 17.10.2019 IN C.C.NO.51/2019 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, MUDIGERE BY ALLOWING THE PRESENT PETITION; c) PASS SUCH SUITABLE ORDER OR ORDERS AS THIS HON'BLE COURT DEEMS FIT ON
CRL.A No. 336 of 2021 NC: 2024:KHC:10267
THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
No representation for appellant.
No representation for appellant even in the afternoon
session.
Vide order dated 27.02.2024, a conditional order
was passed to the effect that if needful is not done, post the matter today for passing necessary orders.
Despite granting sufficient time needful has not been
done. It appears appellant is not interested in prosecuting the appeal.
Hence, appeal is dismissed for default.
Sd/JUDGE
RR List No.: 1 Sl No.: 20
1 provisions across 1 enactments
Sri S Vijayakumar S/o Shankara Naik
Sri Rohini Pinto @ Ronald Pinto
J.M. Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
