Sri. Shankar B S vs Sri. K N Parthasarathy
2022 Latest Caselaw 12815 Kant

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    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.668 OF 2011

BETWEEN:

SRI. SHANKAR B S,
S/O LATE K. SUBBA RAO,
R/O "MADHU NIVAS",
KRS AGRAHARA,
KUNIGAL TOWN,
KUNIGAL, TUMKUR.
                               ...COMPLAINANT/APPELLANT

(BY SRI. R.B.SADASHIVAPPA, ADVOCATE)

AND:

SRI. K N PARTHASARATHY,
S/O LATE K.L.NARASIMHAIAH,
PROP: OF PRABHA SERVICE STATION,
BUS STAND, KUNIGAL,
R/O "RAMAKRISHNA",
SANTHE BEEDHI,
KUNIGAL, TUMKUR.
                              ...ACCUSED/RESPONDENT

(BY SRI. A.N.RADHA KRISHNA, ADVOCATE)

     THIS APPEAL IS FILED UNDER SECTION 378(4) OF THE
CODE OF CRIMINAL PROCEDURE PRAYING TO a) SET ASIDE
THE IMPUGNED JUDGMENT DT:08.06.2011 PASSED BY THE
FAST TRACK COURT-1 AT TUMKUR IN CRL. APPEAL
NO.112/2009 AND CONFIRM THE JUDGMENT OF THE TRIAL
COURT DATED:7.9.2009 IN C.C.NO.618/2003 PASSED BY THE
COURT OF THE PRL. CIVIL JUDGE (JR.DN.) & JMFC., KUNIGAL
AND b) GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS
HON'BLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF
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THE CASE INCLUDING COSTS IN THE INTEREST OF JUSTICE
AND EQUITY.

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

                     JUDGMENT

Learned counsel for the appellant seeks short

accommodation.

Learned counsel for the respondent is present.

2. Vide Order dated 17.10.2022, as a last

chance, this matter was ordered to be posted today with

a condition that if arguments are not addressed, appeal

would be dismissed for non prosecution.

3. Learned counsel for the appellant is not ready

to address the arguments.

In view of the same, appeal is dismissed for non

prosecution.

Sd/-

JUDGE

MDS