M B Rudramuni vs Shankarappa Desai
2022 Latest Caselaw 3444 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 28TH DAY OF FEBRUARY, 2022

                            BEFORE

       THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

           CRIMINAL APPEAL NO. 827 OF 2011


BETWEEN:

M.B.Rudramuni,
C/o. National Chemical Industries,
No.108, Opp: Nightingales English School,
Bilekahalli Post,
Devarchikkanahalli,
Bannerghatta Road,
Bangalore - 76.

                                                 ....Appellant
(By Sri Manjunatha Pattanashetty Associates- Absent)

AND:

Shankarappa Desai,
Proprietor,
M/s.Mallikarjuna Traders,
Fertilizers and Pesticides Dealers,
Main Road, Masti - 584 124,
Raichur District.
                                              ...Respondent

(By Sri Gangadharaiah, Advocate- Absent)
                                2




     This Criminal Appeal is filed under Section 378 of Cr.PC
praying to set aside the order dated 26.04.2009 passed by the
XIII ACMM, Bengaluru in CC No.1019/2008 acquitting the
respondent/accused for the offence P/U/S 138 of NI Act.

      This Criminal Appeal is coming on for Final Hearing this
day, the court made the following:

                             ORDER

Learned counsel for the appellant is absent even in the

second round of calling of cases. Learned counsel for the

respondent is also absent.

The record discloses that there is no representation all

along on behalf of the appellant.

This is an appeal filed by the appellant- complainant

against the judgment of acquittal in respect of the offence

punishable under Section 138 of the Negotiable Instruments

Act. Though the matter is pending since 2011, the appellant is

not taking any interest in prosecuting the matter. Hence, it

appears that the appellant is not interested in prosecuting the

matter. As such, the appeal stands dismissed for non-

prosecution.

Sd/-

JUDGE

PN