H C Karibasavaiah vs V Nirmala
2023 Latest Caselaw 10917 Kant

Karnataka High Court

H C Karibasavaiah vs V Nirmala on 18 December, 2023

Author: Rajendra Badamikar

Bench: Rajendra Badamikar

                                       -1-
                                                   NC: 2023:KHC:46011
                                                CRL.A No. 112 of 2019




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 18TH DAY OF DECEMBER, 2023

                                     BEFORE
                THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                        CRIMINAL APPEAL NO. 112 OF 2019
             BETWEEN:

             H.C. KARIBASAVAIAH,
             AGED ABOUT 58 YEARS,
             S/O LATE CHIKKANNAIAH
             SINCE DEAD BY LR

             UMADEVI .N,
             W/O LATE H.C.KARIBASAVAIAH,
             AGED ABOUT 62 YEARS,
             NO.407, SRINIVASA KRUPA,
             PRASHANTHNAGAR,
             DEVARAYAPATTANA,
             TUMAKURU - 572 103.

             (CAUSE TITLE AMENDMENT CARRIED OUT
             AS PER ORDER DATED 22.09.2023)
                                                         ...APPELLANT

Digitally    (BY SRI. VINAYA KEERTHY .M, ADVOCATE(ABSENT))
signed by    AND:
SOWMYA D
Location:    V. NIRMALA,
High Court   AGED ABOUT 56 YEARS,
of           W/O M. GANGAPPA,
Karnataka    SHIVAKRUPA, PRASHANTHNAGAR,
             DEVARAYAPATTANA NEW EXTN.,
             BATAWADI, TUMAKURU - 572 102.
                                                       ...RESPONDENT
             (BY SRI. CHETHAN .B, ADVOCATE)
                  THIS CRL.A. FILED U/S.378(4) CR.P.C PRAYING TO SET
             ASIDE THE JUDGMENT OF ACQUITTAL DATED 30.11.2018
             PASSED BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C.-I,
                                   -2-
                                                NC: 2023:KHC:46011
                                          CRL.A No. 112 of 2019




TUMAKURU IN C.C.NO.3920/2016 - ACQUITTING THE
RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.
ACT.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                             JUDGMENT

The learned counsel for appellant called out, absent,

even during the second call.

On all earlier dates of hearing, it is submitted that

the matter is likely to be settled and time is being sought

regularly. However, no settlement was reported.

Considering the conduct of the appellant, on the last date

of hearing, the matter was adjourned on payment of cost

of Rs.4,500/-. Inspite of the same appellant has not

chosen to pay the cost or appear before the Court to

report settlement. Considering these aspects, it is evident

that the appellant is not interested in prosecuting the

appeal. Hence, the appeal stands dismissed for non-

prosecution.

Sd/-

JUDGE DS