Sri Kuppuraj vs Sri V M Machigaiah
2022 Latest Caselaw 12663 Kant

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   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 28TH DAY OF OCTOBER, 2022

                         BEFORE

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

           CRIMINAL APPEAL NO.290 OF 2011

BETWEEN:

SRI KUPPURAJ
S/O BALAKRISHNA MOORTHY
AGED ABOUT 39 YEARS
RESIDING AT NO.103,
2ND CROSS. VIDYAPEETHA ROAD,
3RD STAGE, BALAJINAGAR,
BANGALORE - 560 085
                            ... COMPLAINANT/APPELLANT

(BY SRI. N.R.NAIK & ASSOCIATES, ADVOCATE - ABSENT)

AND:

SRI V M MACHIGAIAH
S/O V M MADAIAH
AGED: MAJOR
NO.54/33, 5TH CROSS
BYRASANDRA, 1ST BLOCK
JAYANAGAR,
BANGALORE - 560 011
AND ALSO
R/AT NO.1ST FLOOR,
VENKATESHWARA LAYOUT,
8TH CROSS, S.G.PALYA,
BANGALORE - 29
                                  ...ACCUSED/RESPONDENT
(BY SRI. N.NAGESH, ADVOCATE)

       THIS APPEAL IS FILED UNDER SECTION 378(4) OF THE
CODE OF CRIMINAL PROCEDURE PRAYING TO i) QUASH AND
SET ASIDE THE ORDER OF JUDGMENT PASSED BY THE
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HON'BLE XXII ADDL. CHIEF METROPOLITAN MAGISTRATE
AND XXIV ADDL. SMALL CAUSES JUDGE, BANGALORE CITY IN
C.C.NO.10776/2007     ON     23.09.2010   ACQUITTED        THE
ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION
138 OF N.I.ACT BY ALLOWING THE APPEAL PUNISH THE
ACCUSED/RESPONDENT AND TO PAY THE COMPENSATION; ii)
GRANT     SUCH    OTHER    RELIEF/S   DEEMS   FIT     AS   THE
CIRCUMSTANCES EXPLAINED IN THE INTEREST OF JUSTICE
AND EQUITY.


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


                     JUDGMENT

No representation for the appellant.

Learned counsel for the respondent is present.

2. Vide order dated 11.10.2022, as a last

chance, this matter was ordered to be posted today with

a condition that if today learned counsel for the appellant

fails to appear before this Court and arguments are not

addressed, the matter would be dismissed for non

prosecution.

3. It appears that the appellant is not interested

in prosecuting the appeal.

Hence, appeal is dismissed for non prosecution.

Sd/-

JUDGE

Mds.