Padmavathi Finance Hire ... vs Kalla Pavan Kumar, Another,

Citation : 2022 Latest Caselaw 4664 Tel
Judgement Date : 15 September, 2022

Telangana High Court
Padmavathi Finance Hire ... vs Kalla Pavan Kumar, Another, on 15 September, 2022
Bench: K.Surender
                                                        Crl.Appeal No.930 of 2008
                                     1



       THE HONOURABLE SRI JUSTICE SRI K.SURENDER

              CRIMINAL APPEAL No.930 OF 2008

JUDGMENT:

The present Criminal Appeal is filed under Section 378 (4) of Code of Criminal Procedure, 1973 (for short "Cr.P.C") by the appellant/complainant aggrieved by the acquittal judgment passed in Crl.Appeal No.94 of 2007 dated 24.03.2008 by the learned I Additional Sessions Judge at Karimnagar for the offence punishable under Section 138 of Negotiable Instruments Act.

2. Heard learned Assistant Public Prosecutor for the respondent- State. None appears on behalf of the appellant/complainant. Perused the record.

3. The appeal filed is of the year 2008 and the case is of the year 1999. After filing of the present appeal there was no representation on behalf of the appellant. As seen from the proceeding sheet, the case was listed on 30.08.2019, 13.09.2019, 20.09.2019 and 28.01.2020 but there was no representation; today i.e. on 15.09.2022 no representation on behalf of the appellant. The present Appeal is against an acquittal judgment under Section 138 of NI Act. In cases under Section 138 of NI Act it is for the complainant to prosecute his Crl.Appeal No.930 of 2008 2 case diligently, it shows that the appellant is not evincing any interest in prosecuting the appeal diligently.

4. In the said circumstances, the Criminal Appeal is dismissed for non-prosecution.

As a sequel thereto, miscellaneous applications, if any, pending, shall stand closed.

_____________ K.SURENDER, J Date: 15.09.2022 ns