A criminal appeal seeking conviction of the respondent under Section 138 NI Act was dismissed for non-prosecution after the appellant's counsel was repeatedly absent and notice to the respondent went unserved.
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NC: 2024:KHC:47684 CRL.A No. 799 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL APPEAL NO. 799 OF 2019 (A)
BETWEEN:
SRI. S. NITHYA @ NITHYANANDA S/O LATE M.D. SADASHIVAM, AGED ABOUT 63 YEARS R/AT NO.135, 2ND CROSS, TELECOM LAYOUT, PIPELINE ROAD, VIJAYANAGAR, BENGALURU - 560 023
…APPELLANT
Digitally signed by SWAPNA V Location: high court of karnataka
(BY SRI. NAGENDRA SHETTY, ADVOCATE (ABSENT))
AND:
SRI. N. SHAKEEL KHAN S/O NAZEER AHMED KHAN AGED ABOUT 45 YEARS PROPRIETOR OF FINE TOOLS AND PRESSING, NO.9/2, 12TH CROSS, MAGADI ROAD, BENGALURU - 560 023
…RESPONDENT
THIS CRL.A IS FILED U/S 378(4) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF DISMISSAL DATED 05.07.2017, PASSED BY THE HONBLE 66TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE CCH-67, BENGALURU CITY IN CRL.A.NO.1102/2014 FILED UNDER SECTION 372 OF THE CR.PC AND FURTHER ORDER BE PASSED TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 02.09.2014, PASSED BY THE HONBLE 22ND A.C.M.M., BENGALURU CITY IN C.C.NO.22484/2012 AND THERE UPON TO CONVICT THE RESPONDENT/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 3.17 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 1.15 pm.
Notice issued to the respondent is returned unserved as addressee vacated the premises. The appeal is of the year 2019. It appears that the appellant is not interested in prosecuting the appeal. However, to afford final opportunity, list this matter after one week."
Inspite of that, there is no progress in the matter. 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.: 19
3 provisions across 2 enactments
S. Nithya @ Nithyananda
N. Shakeel Khan
M G Uma
As recorded by the court registry
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