Sri N Ram Prakash vs Smt Minu Sangeetha Alias Ninu ...
2022 Latest Caselaw 2709 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 17TH DAY OF FEBRUARY, 2022

                       BEFORE

  THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

           CRIMINAL APPEAL No.465/2011
BETWEEN:

SRI. N. RAM PRAKASH
S/O B.R. NARAYANA
AGED ABOUT 45 YEARS
RESIDING AT 49 K.K. HALLI
SAINT THOMAS TOWN POST
HENNUR MAIN ROAD
BENGALURU-560 043                       ....APPELLANT

(BY SRI. H.N. BASAVARAJU, ADVOCATE (ABSENT))

AND:

SMT. MINU SANGEETHA ALIAS
NINU SANGEETHA, W/O PRASANNA
AGED ABOUT 31 YEARS
NOW RESIDING AT NO.169/1 SITE NO.25
2ND CROSS, NAGANNA NILAYA
SONNAPPA-LAYOUT, HENNUR BANDE
KALAYANA NAGAR POST
BENGALURU-560 043                   ...RESPONDENT
(BY SRI. V. ANAND, ADVOCATE)

      THIS APPEAL IS FILED UNDER SECTION 378(4) OF
CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT DATED
21.02.2011 IN C.C.NO.27281/2006 PASSED BY THE XVIII
ACMM AND XX ASCJ, BENGALURU-ACQUITING THE
RESPONDENT/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

This appeal is filed against the judgment of acquittal pertaining to offence under Section 138 of Negotiable Instruments Act, 1881 and it is pending since 2011.

Learned counsel for the appellant/complainant called-out. He is absent.

The Order Sheet discloses that, all along there was no representation on behalf of the appellant/ complainant. Therefore, looking to the conduct of the appellant/complainant, it is evident that he is not interested in prosecuting the matter. Even on 09.02.2022, this Court has passed a peremptory order and in spite of that, the appellant/complainant has not bothered to prosecute the matter. Therefore, considering the conduct of the appellant/complainant, the appeal stands dismissed for non-prosecution.

Sd/-

JUDGE

KGR*