Sri. Sathish Kumar K S/O S Krishna ... vs Sri. A H Gopinath
2023 Latest Caselaw 2239 Kant

                                         -1-
                                                  CRL.A No. 801 of 2012




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 13TH DAY OF APRIL, 2023

                                       BEFORE
                        THE HON'BLE MR JUSTICE P.N.DESAI
                          CRIMINAL APPEAL NO. 801 OF 2012
               BETWEEN:

               SRI. SATHISH KUMAR K.,
               S/O S. KRISHNA PRASAD,
               AGED ABOUT 37 YEARS,
               R/AT NO.369/1, NAMMA MANE,
               8TH CROSS, KAVIKA LAYOUT,
               MYSORE ROAD,
               BANGALORE - 560 026.
                                                             ...APPELLANT
               (BY SRI. PRAVEEN HEGDE, ADVOCATE [absent])

               AND:

               SRI. A. H. GOPINATH,
               S/O HANUMANTHAPPA,
               AGED ABOUT 36 YEARS,
Digitally      MARUTHI PETROL PUMP,
signed by      (A UNIT OF BHARATH PETROLEUM)
VALLI M        WEST OF CHORD ROAD,
Location:      ATTIGUPPE, VIJAYANAGAR,
High Court     BANGALORE - 560 040.
of Karnataka                                                ...RESPONDENT
               (BY SRI. PRAMOD K. B., ADVOCATE)

                    THIS CRL.A. IS FILED UNDER SECTION 378(4) OF CR.P.C
               PRAYING TO SET-ASIDE THE ORDER DATED 22.06.2012
               PASSED    BY   THE     XIII  A.C.M.M., BANGALORE      IN
               C.C.NO.4858/2008 - ACQUITTING THE RESPONDENT/ACCUSED
               FOR THE OFFENCE P/U/S 138 OF N.I.ACT.

                    THIS APPEAL COMING ON FOR FINAL HEARING, THIS
               DAY, THE COURT DELIVERED THE FOLLOWING:
                                -2-
                                         CRL.A No. 801 of 2012




                         JUDGMENT

Learned counsel for the appellant has remained absent.

Learned counsel for the respondent is present.

2. There is no representation on behalf of the appellant in

spite of this Court passing an order that the appeal will be

dismissed, if there is no representation for the appellant on the

next date of hearing and the matter was listed once in February

and again in March, 2023. The matter is of the year 2012. It

is also seen from the order sheet of the Trial Court that the

complaint was filed in 2008. As there was no representation

for the complainant and no steps were taken, the complaint

was dismissed in year 2012. Before this Court also, there is no

representation for the appellant, who is the complainant which

shows that the complainant is not interested in prosecuting this

appeal. Hence, the appeal is dismissed for non-prosecution.

SD/-

JUDGE

MV

CT:PH