Appeal seeking reversal of acquittal on a cheque-dishonour complaint was dismissed for non-prosecution after repeated absence of counsel and failure to serve notice.
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NC: 2024:KHC:48616 CRL.A No. 607 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL APPEAL NO. 607 OF 2020 (A)
BETWEEN:
SRI. SHAMEGOWDA S/O. MUDLIGIRIGOWDA AGED ABOUT 42 YEARS, R/O. KITTANEKOPPALU VILLAGE KATTAYA HOBLI, HASSAN TALUK - 573 201
…APPELLANT
Digitally signed by NANDINI B G Location: high court of karnataka
(BY SRI. SUDHARSHAN .L., ADVOCATE (AB))
AND:
SRI. DAYANANDA S/O. APPANNAIAH, AGED ABOUT 38 YEARS, R/O. DANAYAKANAHALLI VILLAGE MUTTIGE HIRIHALLI POST SHANTHIGRAMA HOBLI, HASSAN TALUK - 573 201
…RESPONDENT
THIS CRL.A IS FILED U/S 378(4) OF CR.PC PRAYING TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 25.11.2019 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND J.M.F.C., HASSAN IN C.C.NO.4551/2015 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF 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 2.41 pm.
The order sheet dated 26.09.2024 reads as under:
"Learned counsel for the appellant is absent. No representation even when the matter is passed over twice and again called at 1.19 pm.
The appeal is of the year 2020. Till date, PF for issuance of notice to the respondent with copy of the appeal and IA are not served. It appears that the appellant is not interested in prosecuting the appeal. However, to afford final opportunity, list this matter next week."
Inspite of that there is no progress in the matter nor
there is any representation. It appears that the appellant is not interested in prosecuting the appeal.
Hence, the appeal is dismissed for non-prosecution.
Sd/(M G UMA) JUDGE
SPV
List No.: 1 Sl No.: 20
2 provisions across 2 enactments
Shamegowda s/o Mudligirigowda
Dayananda s/o Appannaiah
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
