Sri D Veerasangaiah vs M/S Ganesha Rice Mills
2022 Latest Caselaw 12783 Kant

                            1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 3RD DAY OF NOVEMBER, 2022

                         BEFORE

            THE HON'BLE MS.JUSTICE J.M.KHAZI

           CRIMINAL APPEAL NO.463 OF 2011

BETWEEN:

     SRI D VEERASANGAIAH
     @ V.V.DHANNUR,
     S/O VEERABHADRAIAH,
     AGED ABOUT 64 YEARS
     SINCE DEAD
     HIS LEGAL REPRESENTATIVES

1.   SMT. CHENNAMMA
     W/O LATE SRI D.VEERASANGAIAH
     AGED 70 YEARS

     R/AT 9TH MAIN, 7TH CROSS,
     NEAR INDIA COMPUTER
     TECHNOLOGIES
     P J EXTENSION,
     DAVANAGERE

2 . SMT. UMADEVI,
    D/O SRI. D. VEERASANGAIAH
    AND W/O SHIVAPRASAD
    AGED ABOUT 52 YEARS
    R/AT SHIVADEVI ILLAM'
    NO.1, 3RD V 2ND CROSS
    NEAR MATHEW SCHOOL,
    RAMAMURTHY NAGAR
    BENGALURU - 16

3 . SMT. SUMANGALA,
    D/O SRI. D. VEERASANGAIAH
    AND W/O SHAMBULINGAIAH K.M.
    AGED ABOUT 50 YEARS
    R/AT NO.967, 5TH CROSS
                           2


   KTJ NAGAR
   DAVANAGERE

4 . SRI VEERABHADRAIAH,
    S/O SRI D.VEERASANGAIAH
    AGED ABOUT 49 YEARS
    R/AT 9TH MAIN, 7TH CROSS
    NEAR INDIA COMPUTER
    TECHNOLOGIES
    P.J. EXTENSION,
    DAVANAGERE

5 . SMT. SHASHIKALA,
    D/O SRI. D. VEERASANGAIAH
    AND W/O VIJAYA KUMAR H.C.
    AGED ABOUT 48 YEARS
    SUMANGALA NIVASA
    BEHIND BUS STAND
    GANGAVATHI,
    KOPPAL DISTRICT.

6 . SRI GANESH,
    S/O SRI. D. VEERASANGAIAH
    AGED ABOUT 46 YEARS
    R/AT 9TH MAIN, 7TH CROSS
    NEAR INDIA COMPUTER
    TECHNOLOGIES
    P.J. EXTENSION,
    DAVANAGERE

7 . SMT. SIDDALINGAMMA,
    D/O SRI. D. VEERASANGAIAH
    AND W/O PANCHAKSHARIAH
    AGED ABOUT 49 YEARS
    R/AT 9TH MAIN, 7TH CROSS
    NEAR INDIA COMPUTER
    TECHNOLOGIES
    P.J. EXTENSION,
    DAVANAGERE

8 . SMT. JAYALAKSHMI,
    D/O SRI. D. VEERASANGAIAH
    AND W/O CHENNAVEERASWAMY
                           3


   AGED ABOUT 40 YEARS
   JAIN BASADI ROAD
   HOLALKERE
   CHITRADURGA DISTRICT

9 . SMT. GOWRAMMA,
    D/O SRI D. VEERASANGAIAH
    AND W/O SHIVAKUMAR
    AGED ABOUT 35 YEARS
    R/AT KUMBARA BEEDI,
    BEERURU
    CHIKKAMANGALURU DISTRICT

10 . SMT. RUDRAMMA,
     D/O SRI. D. VEERASANGAIAH
     AND W/O KOTRESH
     AGED ABOUT 37 YEARS
     R/AT 9TH MAIN, 7TH CROSS
     NEAR INDIA COMPUTER
     TECHNOLOGIES
     P.J. EXTENSION,
     DAVANAGERE

11 . SRI PARAMESHI
     S/O SRI D. VEERASANGAIAH
     AGED ABOUT 36 YEARS
     R/AT 9TH MAIN, 7TH CROSS
     NEAR INDIA COMPUTER
     TECHNOLOGIES
     P.J. EXTENSION,
     DAVANAGERE




                          ... COMPLAINANTS/APPELLANTS

(BY SRI. M.VISHWAJITH RAJ &
    SRI. K.N.JAYAPRAKASHA,
    SRI. JAGADEESH MUNDARGI, ADVOCATES FOR
    LRs OF DECEASED)
                              4


AND:

1.     M/S GANESHA RICE MILLS
       REPRESENTED BY ITS PARTNERS,

a)     D M RUDRAIAH
       S/O GURUSIDDAIAH
       AGED ABOUT 56 YEARS,

b)     K M CHANNABASAIAH
       S/O LATE SIDDAIAH
       AGED ABOUT 61 YEARS

c)     SRI VEERANNA
       S/O K M CHANNABASAIAH
       AGED ABOUT 47 YEARS

       ALL ARE RESIDING AT
       DR NO.401,
       BASAPUR ROAD,
       ANEKONDA,
       DAVANAGERE

                                 ...ACCUSED/RESPONDENTS

(BY SRI. RAJASHEKAR K, ADVOCATE FOR R1 (A & D);
    R1 (B & C) SERVED

       THIS APPEAL IS FILED UNDER SECTION 378(4) OF THE
CODE OF CRIMINAL PROCEDURE PRAYING TO a) SET ASIDE
THE     JUDGMENT     DATED       21.10.2010   MADE   IN
C.C.NO.519/2009 (OLD NO.3135/2005) PASSED BY THE
COURT OF THE III ADDL. SENIOR CIVIL JUDGE AND J.M.F.C,
DAVANAGERE AND CONVICT THE RESPONDENTS / ACCUSED
FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE
N.I.ACT, IN THE INTEREST OF JUSTICE AND EQUITY.


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

No representation for appellant.

No representation for appellant even in the afternoon

session.

Vide order dated 18.10.2022, a conditional order was

passed to the effect that if today appellant fails to go on

with the matter, appeal would be dismissed for non-

prosecution.

It appears appellant is not interested in prosecuting

the appeal.

Hence, appeal is dismissed for non-prosecution.

Sd/-

JUDGE

RR