Dominic Alexander Dsouza vs B.S.Vittal Rai
2022 Latest Caselaw 11274 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 3 R D DAY OF AUGUST, 2022

                          BEFORE

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

         CRIMINAL APPEAL No.1383 OF 2017

BETWEEN:

Dominic Alexand er D'souza
Aged about 58 years
S/o. Joseph D'souza
Halleluia Konchady Post
Mang alore-575016.
                                                ...Appellant
(By Sri K. Nithesh, Advocate for
 Sri Rajaram Sooryambail, Advocate)


AND:

B.S. Vittal Rai
Aged about 53 years
S/o. B.Sanjeeva Rai
Residing C/o. Rudalp Tauro
Maria Giri Church Compound
Shakthinag ar
Mang aluru-575 016.
                                              ...Respondent
(By Sri Jeevan K, Advocate)



      This Criminal Appeal is filed under Section 378(4)
of Cr.P.C. p raying to set aside the judgment and ord er
dated 01.03.2017 passed by the IV Addl. Civil Judge
and    J.M.F.C.,   Mang alore   in   C.C.   No.843/2014   -
                               :: 2 ::


acquitting    the    respondent/accused       for    the    offence
p/u/s.138 of N.I. act.


        This Criminal Appeal coming on for admission
this d ay, the Court made the following:

                           ORDER

The order sheet dated 8.6.2022 shows that

both sides remained absent. Today appellant's

counsel and respondent's counsel are present.

Appellant's counsel prays for time. This appeal is

pending for admission since 2017. The appeal

arises out of a private complaint for the offence

under section 138 of the Negotiable Instruments

Act. Since the appellant's counsel is not

interested to argue on admission, the appeal is

dismissed for non-prosecution.

Sd/-

JUDGE

ckl/-