Sri Devanand G K vs Sri Anil Kumar
2022 Latest Caselaw 9867 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 28TH DAY OF JUNE, 2022

                        BEFORE

    THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

         CRIMINAL APPEAL NO.1166 OF 2015


BETWEEN:

SRI. DEVANAND G. K.
S/O LATE R. GOVINDARAJ CHATTIER,
AGED ABOUT 55 YEARS,
R/A NO.755, 18TH CROSS,
IDEAL HOMES,
RAJARAJESHWARI NAGARA,
BANGALORE - 560 098..
                                           ...APPELLANT
(BY SRI. SHEKAR L.S., ADVOCATE AND
    SRI. C. NANJEGOWDA, ADVOCATE - ABSENT)

AND:

SRI. ANIL KUMAR
S/O LATE RAMACHANDRAPPA,
AGED ABOUT 30 YEARS,
R/A NO.36, 1ST MAIN,
8TH CROSS, RAVEESHAPPA LAYOUT,
(SHANKARA LAYOUT), KENCHENAHALLI,
RAJARAJESHWARINAGAR,
BANGALORE - 560 098.
                                         ...RESPONDENT

     THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF Cr.P.C.
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED
20.07.2015 PASSED BY XXII A.C.M.M., BANGALORE IN C.C.
NO.26580/2014 - ACQUITTING THE RESPONDENT/ACCUSED
FOR THE OFFENCE P/U/S 138 OF N.I. ACT AND ETC.,
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     THIS CRIMINAL APPEAL IS COMING ON FOR ORDERS
THROUGH VIDEO CONFERENCE/ PHYSICAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING;

                           JUDGMENT

There is no representation for the appellant.

2. Even on the previous occasion, the learned

counsel for the appellant was absent. This Court on

19.02.2021, granted three weeks time as a last chance for

taking steps observing that if the steps are not taken within

three weeks, the appeal shall be listed for dismissal.

3. This appeal is filed in the year 2015. Notice was

issued to the respondent on 08.12.2015. However, no steps

are taken for furnishing process fee and correct address of

the respondent, due to which notice is not yet served on the

respondent.

4. This is an appeal preferred by the complainant

against the Judgment of acquittal passed by the trial Court in

respect of an offence punishable under Section 138 N.I. Act.

It appears that the complainant is not interested in

prosecuting the case. Hence, no purpose will be served

keeping the appeal pending.

The appeal is dismissed for non-prosecution.

SD/-

JUDGE

LL