Sri Kumar vs Sri Shivakumar
2023 Latest Caselaw 9542 Kant

Karnataka High Court

Sri Kumar vs Sri Shivakumar on 6 December, 2023

Author: Rajendra Badamikar

Bench: Rajendra Badamikar

                                         -1-
                                                        NC: 2023:KHC:44070
                                                    CRL.A No. 34 of 2018




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 6TH DAY OF DECEMBER, 2023

                                       BEFORE
                  THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                          CRIMINAL APPEAL NO. 34 OF 2018
               BETWEEN:

               SRI. KUMAR,
               AGED ABOUT 38 YEARS,
               S/O NARASIMHULU NAIDU,
               R/AT NO.133, II CROSS,
               NAYAKA MAIN ROAD,
               JAI MARUTHI NAGAR, NANDINI LAYOUT,
               BENGALURU-560 096.
                                                              ...APPELLANT
               (BY SRI. S.N.A. RAM, ADVOCATE(ABSENT))
               AND:

               SRI. SHIVAKUMAR,
               AGED ABOUT 33 YEARS,
               S/O NAGAIAH,
               R/AT NO.25, I A CROSS,
Digitally      I FLOOR, RANGAPPA BUILDING,
signed by      H.M.NAYAKA MAIN ROAD,
SOWMYA D       JAI MARUTHINAGAR NANDINI LAYOUT,
Location:      BENGALURU-560 096.
High Court                                                  ...RESPONDENT
of Karnataka   (BY SRI. B. RAVINDRA PRASAD, ADVOCATE)
                     THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO
               SET ASIDE THE JUDGMENT DATED 08.12.2017 PASSED BY THE
               XIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYO
               HALL UNIT, BANGALORE IN C.C.NO.10744/2015- ACQUITTING
               THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF
               N.I. ACT ACT.
                                -2-
                                           NC: 2023:KHC:44070
                                         CRL.A No. 34 of 2018




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

There is no representation on behalf of appellant

even during the second call.

The learned counsel for respondent is present.

The records disclose that on earlier occasion also the

learned counsel for appellant did not represent the matter.

Hence, it is evident that appellant is not interested in

prosecuting the matter. As such, appeal stands dismissed

for non-prosecution.

Sd/-

JUDGE

DS