M/S Globe Film Distribution vs P Krishnaraju
2021 Latest Caselaw 735 Kant

   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 12TH DAY OF JANUARY, 2021

                         BEFORE

  THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR

           CRIMINAL APPEAL NO.658/2011 (A)
BETWEEN:

M/S GLOBE FILM DISTRIBUTION,
NO.25/2, 1ST FLOOR VIJAYA BUILDING,
6TH B STREET, 4TH CROSS,
GANDHINAGAR, BANGALORE,
REPRESENTED BY ITS PROPRIETOR
M L RAMKRISHNA.                               ...APPELLANT

(BY SRI K N GANGADHARA, ADVOCATE - ABSENT)

AND:

P KRISHNARAJU,
PROPRIETOR OF MOHANMURALI
PRODUCTIONS AND SECRETARY
OF KANNADA FILM PRODUCERS
ASSOCIATES,
6TH CROSS,
GANDHINAGAR,
BANGALORE.                                   ...RESPONDENT
                         ****

     THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4)
CR.P.C. PRYAING TO SET ASIDE THE ORDER DT: 06.02.10 PASSED
BY THE DIST., AND S.J., AND P.O., FTC-IV, BANGALORE IN
CRL.A.NO.834/07 - ACQUITTING THE RESPONDENT/ACCUSED
FOR THE OFFENCE P/U/S 138 OF N.I.ACT AND CONFIRM THE
JUDGMENT OF CONVICTION DATED: 19.06.07 PASSED BY THE XXI
ADDL. C.M.M., BANGALORE IN C.C.NO.20149/03.
                                 2



    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                            JUDGMENT

The present appeal is of the year 2011. A perusal of the

order sheet goes to show that the learned counsel for the

appellant has not been diligent in taking steps for issuance of

notice to the respondent.

2. On 07.01.2021, a week's time was granted to give

one more opportunity to the counsel to take steps, but no steps

has been taken.

3. Though generally, a criminal appeal would not be

dismissed for non-prosecution if the appeal is against

conviction. The present appeal is by the complainant challenging

the order of acquittal for the offence punishable under Section

138 of the Negotiable Instruments Act, 1881. Inspite of giving

sufficient opportunities, the appellant has not utilized the same.

Hence, this Court is of the view that the appellant is not

interested in prosecuting the matters.

4. Accordingly, the appeal stands dismissed for non-

prosecution.

Sd/-

JUDGE

BSR