L Raghu Raj vs Abdul Salim
2021 Latest Caselaw 838 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 13TH DAY OF JANUARY, 2021

                     BEFORE

THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR

       CRIMINAL APPEAL NO.1220 OF 2011 (A)

BETWEEN:

L RAGHU RAJ,
S/O LATE N LAKSHMIPATHY,
AGED ABOUT 47 YEARS,
KARIYANAPALYA,
ST THOMAS TOWN POST,
KACHARAKANAHALLI,
KASABA HOBLI,
BANGALORE.                             ...APPELLANT

(BY SRI S P KULKARNI, ADVOCATE - ABSENT)

AND:

ABDUL SALIM,
AGED ABOUT 43 YEARS,
PROP:SNS INC NO.988/A,
46TH CROSS,
KUMARASWAMY LAYOUT,
2ND STAGE,
BANGALORE.                           ...RESPONDENT
                        ****
      THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DT:
30.09.2011 PASSED BY THE XV ADDL. C.M.M.,
BANGALORE IN C.C.NO.100/10 - ACQUITTING THE
RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138
OF N.I.ACT.
                            2



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

                     JUDGMENT

Learned counsel for the appellant is absent. No

representation.

2. Case called out again in the second half.

But the counsel for the appellant has not appeared. On

07.01.2021 this Court has passed an order and a

weeks' time was granted for taking steps as a last

chance, failing which this appeal stands dismissed.

Despite the said order the counsel for the appellant has

not appeared and has not taken steps.

3. Generally a criminal appeal would not be

dismissed for non prosecution when the accused has

preferred an appeal against conviction. The present

appeal is by the complainant against the order of

acquittal for the offence punishable under Section 138

of the Negotiable Instruments Act. Despite several

opportunities given, the appellant has not utilized the

same. Thus it appears that the appellant is not

interested in prosecuting the matter. Hence in view of

the peremptory order dated 07.01.2021 the appeal

stands dismissed.

Sd/-

JUDGE

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