Rajesab S/O Abbassaheb Nidgundi vs Anwar Zaki S/O Ibrahim Shaikh
2022 Latest Caselaw 11953 Kant

                              -1-




                                        CRL.A No. 100095/2015
                                    C/W CRL.A No. 100096/2015




  IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

       DATED THIS THE 19TH DAY OF SEPTEMBER, 2022

                           BEFORE
            THE HON'BLE MS. JUSTICE J.M.KHAZI
         CRIMINAL APPEAL NO. 100095 OF 2015 (A-)
                             C/W
           CRIMINAL APPEAL NO. 100096 OF 2015

CRIMINAL APPEAL NO. 100095 OF 2015 (A-)

BETWEEN:

RAJESAB S/O. ABBASSAHEB NIDGUNDI,
AGE:63 YEARS, OCC:BUSINESS
AND AGRICULTURE, R/O:SAPTAPUR,
TQ & DIST: DHARWAD.

                                                  ...APPELLANT

(BY SRI. AHAMED ALI J. RAHIMAN SHAH., ADVOCATE)

AND:

ANWAR ZAKI S/O. IBRAHIM SHAIKH,
AGE:43 YEARS, OCC:BUSINESS,
R/O: S. BEGUM BUILDING,1ST FLOOR,
2ND CROSS, GIDDAPPA BLOCK, R.T.NAGAR,
GANGANAGAR, BENGALURU-560 032.

                                                ...RESPONDENT

(BY SRI. SHIVARAJ S. BALLOLI., ADVOCATE)


       THIS CRIMINAL APPEAL IS FILED U/S 378(4)(I) OF CR.P.C.,
SEEKING TO SET ASIDE THE JUDGMENT AND ORDER PASSED BY
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                                            CRL.A No. 100095/2015
                                        C/W CRL.A No. 100096/2015

THE PRL. CIVIL JUDGE AND JMFC, DHARWAD IN C.C.NO.98/2009
ON DATED 04.07.2012 C/W 99/2009 ACQUITTING THE ACCUSED
AND CONSEQUENTLY CONVICT THE ACCUSED-RESPONDENT FOR
THE O/P/U/S 138 OF N.I.ACT BY ALLOWING THIS APPEAL.


CRIMINAL APPEAL NO. 100096 OF 2015 (A-)

BETWEEN:

RAJESAB S/O. ABBASSAHEB NIDGUNDI,
AGE:63 YEARS, OCC:BUSINESS AND AGRICULTURE,
R/O: SAPTAPUR, TQ & DIST: DHARWAD.
                                             ...PETITIONER
(BY SRI. AHAMED ALI J. RAHIMAN SHAH., ADVOCATE)

AND:

ANWAR ZAKI S/O. IBRAHIM SHAIKH,
AGE:43 YEARS, OCC: BUSINESS,
R/O: S. BEGUM BUILDING, 1ST FLOOR,
2ND CROSS, GIDDAPPA BLOCK,
R.T.NAGAR, GANGANAGAR,
BENGALURU-560 032.
                                                     ...RESPONDENT

(BY SRI. SHIVARAJ S. BALLOLI., ADVOCATE)


       THIS CRIMINAL APPEAL IS FILED U/S. 378(4) OF CR.P.C.
SEEKING TO SET ASIDE THE JUDGMENT AND ORDER PASSED BY
THE    PRL.   CIVIL   JUDGE   &    JMFC     COURT,   DHARWAD,   IN
C.C.NO.99/2009        ON   DATED        04.07.2012   C/W   98/2009
ACQUITTING THE ACCUSED AND CONSEQUENTLY CONVICT THE
ACCUSED-RESPONDENT FOR THE OFFENCE P/U/S 138 OF NI ACT,
BY ALLOWING THIS APPEAL.


       THESE APPEALS COMING ON FOR HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING.
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                                           CRL.A No. 100095/2015
                                       C/W CRL.A No. 100096/2015

                                ORDER

No representation for the appellant.

Vide order dated 15.09.2021, a show-cause notice

was issued to the appellant and it was duly served.

Though on the last two hearing dates, at the request of

learned counsel for the appellant the matters were

adjourned as a last chance, today there is no

representation for the appellant. Hence, the appeals are

dismissed for non-prosecution.

Sd/-

JUDGE

PJ