Sri Abdul Rahim vs Sri Syed Ishtiaq Ahmed
2023 Latest Caselaw 9878 Kant

Karnataka High Court

Sri Abdul Rahim vs Sri Syed Ishtiaq Ahmed on 8 December, 2023

                                           -1-
                                                         NC: 2023:KHC:44663
                                                    CRL.A No. 581 of 2014




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 8TH DAY OF DECEMBER, 2023

                                         BEFORE
                         THE HON'BLE MR JUSTICE G BASAVARAJA
                          CRIMINAL APPEAL NO. 581 OF 2014 (A)
                 BETWEEN:

                 SRI ABDUL RAHIM,
                 S/O. LATE T.ABDUL KHALIQ,
                 AGED ABOUT 65 YEARS,
                 R/AT NO.35, ASHWATHNAGAR,
                 NEW EXTENSION, 1ST MAIN, 1ST B CROSS,
                 R.M.V 2ND STAGE,
                 BANGALORE - 92.
                                                               ...APPELLANT
                 (BY SRI D K SRIRAMAPPA, ADVOCATE [ABSENT])

                 AND:

                 SRI SYED ISHTIAQ AHMED,
                 S/O.LATE MUSHTAQ AHMED,
Digitally        R/AT NO.290, VARTHUR MAIN ROAD,
signed by
SANDHYA S        VARTHUR VILLAGE,
Location: High   BANGALORE-87.
Court of
Karnataka                                                    ...RESPONDENT
                 (BY SRI RAMACHANDRA R NAIK, ADVOCATE)

                      THIS CRL.A. IS FILED U/S.378(4) CR.P.C BY THE ADV.,
                 FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY
                 BE PLEASED TO SET ASIDE THE ORDER DATED 16.5.2014
                 PASSED BY THE XVIII ADDL. CMM, BANGALORE, IN
                 C.C.NO.23294/2009-ACQUITTING THE RESPONDENT/ACCUSED
                 FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

                      THIS APPEAL COMING ON FOR ARGUMENTS THIS DAY,
                 THE COURT DELIVERED THE FOLLOWING:
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                                            NC: 2023:KHC:44663
                                        CRL.A No. 581 of 2014




                         JUDGMENT

Appellant's counsel absent. Respondent's counsel present.

Despite sufficient opportunity provided to the appellant,

appellant's counsel is not present and advanced his arguments.

Appellant has no interest in prosecuting this case. Hence, I

proceed to pass the following:

ORDER

Appeal is dismissed for default and non-prosecution.

Sd/-

JUDGE

tsn*