Smt M Soubhagyalakshmi vs Sri R S Venkataraman
2022 Latest Caselaw 2598 Kant

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   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 16TH DAY OF FEBRUARY, 2022

                        BEFORE

    THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

             CRIMINAL APPEAL No.303/2011

BETWEEN:
SMT. M. SOUBHAGYALAKSHMI
PROP. VENKATARAMANA CHEMICALS
NO.39, BHARATH COMPLEX
NO.175, A.S. CHAR STREET
BANGALORE-53
REPRESENTED BY HER POWER OF ATTORNEY
M. SREERAMA MURTHY
                                             ....APPELLANT
(BY SRI. V. LAKSHMIKANTH RAO, ADVOCATE(ABSENT))

AND:
SRI. R.S. VENKATARAMAN
MANAGING DIRECTOR
KEMPCITY AGRO EXPORT PVT. LTD.
AGED ABOUT 55 YEARS
NO.40, DOCTORS LAYOUT
GANDHIPURAM
WHITE FIELD, BENGALURU
                                           ...RESPONDENT
(BY SRI. VIJAYKUMAR PRAKASH, ADVOCATE)

     THIS APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C.
PRAYING TO SET ASIDE THE ORDER DT:24.01.2011 PASSED BY
THE XV ADDL.C.M.M., BANGALORE IN C.C.NO.3170/2008-
ACQUITTING THE PRESPONDENT/ACCUSED FOR THE OFFENCE
P/U/S 138 OF N.I. ACT.

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

Learned counsel for the appellant called out, absent.

Learned counsel for the respondent is present.

2. This is an appeal filed by the complainant against

the judgment of acquittal in respect of the offence under

Section 138 of NI Act.

3. The matter is pending since 2011. The appellant

has not shown any interest in prosecuting the matter.

4. Though the learned counsel for the respondent

submitted that learned counsel for the appellant has requested

him, learned counsel for the appellant has not bothered to

represent the Court all along. Hence, it is evident that

appellant is not interested in prosecuting the matter.

5. Hence, the appeal stands dismissed for non-

prosecution.

Sd/-

JUDGE

NS