Prakash C. Manegar vs Mrutyunjaya S/O. Gurusiddayya ...
2022 Latest Caselaw 3053 Kant

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           IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

      DATED THIS THE 22ND DAY OF FEBRUARY, 2022

                         BEFORE

           THE HON'BLE MR.JUSTICE S. RACHAIAH

                 CRL.A. No.100139/2015

BETWEEN:

PRAKASH C. MANEGAR,
AGE: 40 YEARS, OCC: BUSINESS,
R/O. BEHIND GOVERNMENT HOSPITAL,
HALAGERI ROAD, RANEBENNUR,
TQ: RANEBENNUR, DIST: HAVERI.
                                            .....APPELLANT
(BY SRI PRUTHVI K.S., ADV.-ABSENT)


AND

MRUTYUNJAYA S/O. GURUSIDDAYYA YOGIMATH,
R/O. BEHIND BASAVESHWARA KALYANA MANTAPA,
DODDAPETE, RANEBENNUR,
TQ: RANEBENNUR, DIST: HAVERI.
                                            .....RESPONDENT
(BY SRI M.V. HIREMATH, ADV. & SRI V.S. KALASURMATH, ADV.)

     THIS APPEAL IS FILED UNDER SECTION 378(4) OF
CR.P.C., PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT
AND ORDER DATED 12.02.2015 PASSED BY THE COURT OF
ADDL. CIVIL JUDGE & II ADDL. JMFC, RANEBENNUR IN
C.C.NO.907/2009 AND CONVICT THE ACCUSED/ RESPONDENT
FOR AN OFFENCE PUNISHABLE UNDER SECTION 138 OF
NEGOTIABLE INSTRUMENT ACT, BY ALLOWING THIS APPEAL.

     THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT, MADE THE FOLLOWING:
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                               ORDER

Case called out twice.

There is no representation on behalf of the appellant.

The appeal is of the year 2015 filed by the complainant

against acquittal of the accused for the offence punishable under

Section 138 of the Negotiable Instruments Act.

Inspite of show cause notice issued to the appellant,

neither appellant nor his counsel is present.

On perusal of the order sheet goes to show that the

counsel for the appellant has taken three more adjournments

even after issuance of show cause notice. Hence, it appears that

neither the counsel for appellant nor the appellant himself are

interested in prosecuting the appeal. In that view of the matter,

there is no alternative for this Court except to dismiss the appeal

for non-prosecution. Accordingly, the appeal stands dismissed

for non- prosecution.

Sd/-

JUDGE

Naa