Sri K Subramani vs Sri V Harish Kumar
2021 Latest Caselaw 6222 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 15TH DAY OF DECEMBER, 2021

                         BEFORE:

       THE HON'BLE MR.JUSTICE MOHAMMAD NAWAZ

           CRIMINAL APPEAL No.78 OF 2017
BETWEEN:

SRI. K. SUBRAMANI
S/O KANNAN
AGED ABOUT 59 YEARS
R/A NO. 70, 2ND CROSS
BASHYAM NAGAR, SRIRAMPURAM
BANGALORE - 560 021.                            ...   APPELLANT

[BY SRI. P. JAGANNATHAN, ADVOCATE-ABSENT]

AND:

SRI. V. HARISH KUMAR
S/O VELU
AGED ABOUT 34 YEARS
PROP: CHANAKYA INDUSTRIES
NO. 12/4, 1ST MAIN, NEW KALAPPA BLOCK
SRIRAMPURAM, BANGALORE - 560 021.

ALSO RESIDING AT:
SRI. V.HARISH KUMAR
S/O VELU
AGED ABOUT 34 YEARS
R/AT NO. 29, 5TH CROSS
SRIRAMPURAM, BANGALORE - 560 021.           ...     RESPONDENT
                           ***
     THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4)
OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT
DATED 03.12.2016 PASSED BY THE XX A.C.M.M., BANGALORE CITY
IN C.C. NO.24911/2014 ACQUITTING OF THE RESPONDENT/
ACCUSED     FOR    OFFENCE   P/U/S     138    OF   N.I.ACT.
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     THIS CRIMINAL APPEAL COMING ON FOR ADMISSION
THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

The learned counsel for the appellant has remained

absent even though the case is called twice. The order

sheet disclose that he has remained absent on number of

occasions. On the previous date of hearing i.e., on

03.12.2021, since the appellant's counsel was not

present, as a last chance, the appeal was adjourned to

this day.

2. This is an appeal against the Judgment and

Order of acquittal passed by the trial Court for offence

punishable under Section 138 of the Negotiable

Instruments Act. It appears that the appellant is not

interested in prosecuting the appeal. Hence, the appeal

is dismissed for non-prosecution.

Sd/-

JUDGE

Ksm*