Smt. Prema vs Sri. Syed Mohammed
2023 Latest Caselaw 10918 Kant

Karnataka High Court

Smt. Prema vs Sri. Syed Mohammed on 18 December, 2023

Author: Rajendra Badamikar

Bench: Rajendra Badamikar

                                        -1-
                                                    NC: 2023:KHC:46010
                                                CRL.A No. 1371 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. 1371 OF 2019
             BETWEEN:

             SMT. PREMA W/O KRISHNA,
             AGED ABOUT 42 YEARS,
             RESIDING AT NO. C2 BLOCK,
             AUSTIN TOWN POLICE QUARTERS,
             CEMENT LANE,
             BENGALURU - 560 047.
                                                          ...APPELLANT

             (BY SRI. R.V. SHIVANANDA REDDY, ADVOCATE(ABSENT))
             AND:

             SRI. SYED MOHAMMED,
             S/O SYED HUSSAIN,
             AGED ABOUT 65 YEARS,
             RESIDING AT NO.48, 1ST CROSS,
             YAKIN APARTMENTS,
             R.T.NAGAR,
Digitally    BENGALURU - 560 032.
signed by
SOWMYA D     NOW RESIDING AT NO. 1286,
Location:    4TH MAIN, AMBEDKAR LAYOUT,
High Court   SHAMPURA MAIN ROAD,
of           BENGALURU - 560 045.
Karnataka
                                                        ...RESPONDENT
             (BY SRI. PARAMESHWAR .N HEGDE, ADVOCATE)
                    THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO
             SET ASIDE THE JUDGMENT AND ORDER DATED 19.11.2018,
             PASSED BY THE LVIII ADDITIONAL CITY CIVIL AND SESSIONS
             JUDGE CCH-59 BENGALURU CITY IN CRL.A.NO.1312/2015,
                              -2-
                                          NC: 2023:KHC:46010
                                     CRL.A No. 1371 of 2019




AND CONFIRMED THE JUDGMENT OF CONVICTION DATED
26.09.2015, PASSED BY THE XVIII A.C.M.M., AT BENGALURU
IN   C.C.NO.249/2011,   ACQUITTING     THE   RESPONDENTS/
ACCUSED FOR THE OFFENCE P/U/S 138 OF THE N.I ACT AND
ENHANCE THE COMPENSATION OF DOUBLE THE CHEQUE
AMOUNT ALONG WITH @ 9% INTEREST PER ANNUM.

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


                        JUDGMENT

The learned counsel for appellant is absent even

during second call.

All along, time is being sought and on last date of

hearing matter was adjourned on payment of cost of

Rs.5,000/-. The matter was listed on 14.12.2023 and

again time was sought undertaking to pay the cost today.

But even today there is no representation and costs were

also not paid. It is evident that appellant is not interested

in prosecuting the matter and he has not even bothered to

pay the cost imposed by this Court. Considering the

conduct of the appellant, the appeal stands dismissed for

non-prosecution.

NC: 2023:KHC:46010

In view of dismissal of main matter, the pending

I.As. also stand dismissed.

Sd/-

JUDGE

DS