Sri A S Hanumasagar vs Sri C M Lokeshappa
2022 Latest Caselaw 13001 Kant

                             1


    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 14TH DAY OF NOVEMBER, 2022

                           BEFORE

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

          CRIMINAL APPEAL NO.1263 OF 2011

BETWEEN:

SRI A S HANUMASAGAR
S/O LATE SIDDALINGAPPA
AGED ABOUT 52 YEARS,
R/O IIIRD MAIN, V CROSS,
VINABA NAGARA,
DAVANGERE - 577 006
                                 ... COMPLAINANT/APPELLANT

(BY SRI. REVANNA BELLARY, ADVOCATE)

AND:

SRI C M LOKESHAPPA
S/O M MAHADEVAPPA
AGED ABOUT 52 YEARS,
KIRANI MERCHANT,
BESIDES TNT FRUIT STALL,
K.R.MARKET,
DAVANGERE - 577 001
                                    ...ACCUSED/RESPONDENT

(BY SRI. PRASANNA B.R. & DADAPEER, ADVOCATES)

     THIS APPEAL IS FILED UNDER SECTION 378(4) OF THE
CODE OF CRIMINAL PROCEDURE PRAYING TO a) SETTING
ASIDE THE JUDGMENT DATED 01.08.2011 IN C.C.NO.
1850/2009 (C.C.NO.1364/2001) (PCR NO.193/1999) PASSED
BY THE PRL. SENIOR CIVIL JUDGE AND CJM, DAVANGERE,
AND PRAYS FOR ALLOW THE COMPLAINT C.C.NO.1850/2009
BY CONVICTING FOR BOTH SENTENCE, FINE AND
COMPENSATION OF THE DOUBLE THE AMOUNT OF THE
CHEQUE PAYABLE TO THE APPELLANT BY THE RESPONDENT
THROUGHOUT COSTS; b) TO PASS SUCH OTHER SUITABLE
                             2


RELIEFS AS THIS HON'BLE COURT DEEMS FIT IN THE
CIRCUMSTANCES OF THE APPEAL, 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. Prayer rejected.

2. Even in the afternoon session also, learned

counsel for the appellant seeks adjournment.

3. Vide order dated 27.10.2022, as a last

chance, this appeal is posted today with a condition

that if the appellant fails to address arguments,

necessary orders would be passed for dismissal of

appeal.

4. It appears that appellant is not interested in

prosecuting the appeal.

Hence, appeal is dismissed for non-prosecution.

Sd/-

JUDGE MDS