Sicagen India Limited vs Mr Aafaq Ahamed
2023 Latest Caselaw 11273 Kant

Karnataka High Court

Sicagen India Limited vs Mr Aafaq Ahamed on 20 December, 2023

Author: Rajendra Badamikar

Bench: Rajendra Badamikar

                                           -1-
                                                          NC: 2023:KHC:46446
                                                     CRL.A No. 850 of 2019




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 20TH DAY OF DECEMBER, 2023

                                         BEFORE
                      THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                           CRIMINAL APPEAL NO. 850 OF 2019
               BETWEEN:

               SICAGEN INDIA LIMITED,
               BUILDING MATERIALS DIVISION,
               NO.6682, SHAUKAT BUILDING,
               SILVER JUBILEE PARK ROAD,
               BANGALORE-560 002,
               (REPRESENTED BY AUTHORIZED PERSON
               VIVEKANANDAN .P.S, BRANCH MANAGER)
                                                                 ...APPELLANT
               (BY SRI. SUGUMARAN .S, ADVOCATE(ABSENT))
               AND:

               MR. AAFAQ AHAMED,
               PARTNER,
               M/S TUBES & STEEL CO.,
               NO.8, NEW BAMBOO BAZAAR,
               KALASIPALYAM, NEW EXTENSION,
               BANGALORE-560 002.
                                                               ...RESPONDENT
               (RESPONDENT IS SERVED)
Digitally           THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET
signed by
SOWMYA D       ASIDE THE ORDER DATED 02.07.2018 PASSED BY THE LVIII
               ADDL.C.M.M., BENGALURU IN C.C.NO.50191/2015 - ACQUITTING
Location:
High Court     THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.
of Karnataka   ACT.
                     I.A.NO.1/2019 IS FILED UNDER SECTION 5 OF LIMITATION
               ACT, 1963 PRAYING TO CONDONE THE DELAY OF 234 DAYS IN
               FILING THE APPEAL.
                    I.A.NO.1/2021 IS FILED UNDER SECTION 378(4) OF CR.P.C.
               PRAYING TO GRANT LEAVE.

                     THIS APPEAL COMING ON FOR ORDERS ALONG WITH THE
               I.A.1/2019 & I.A.NO.1/2021 THIS DAY, THE COURT DELIVERED THE
               FOLLOWING:
                              -2-
                                        NC: 2023:KHC:46446
                                     CRL.A No. 850 of 2019




                          JUDGMENT

The learned counsel for appellant is absent even

during the second call.

The order sheet discloses that all along there is no

representation on behalf of the appellant. Considering the

conduct of the appellant, the appeal stands dismissed for

non-prosecution. Consequently, I.A.No.1/2021 filed for

special leave & I.A.No.1/2019 for condonation of delay

also stand dismissed.

Sd/-

JUDGE

DS