D Souri Raj vs Manoj Thyagaraj
2023 Latest Caselaw 1332 Kant

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                                                          CRL.A No. 1711 of 2021




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 15TH DAY OF FEBRUARY, 2023

                                              BEFORE
                                 THE HON'BLE MR JUSTICE P.N.DESAI
                                 CRIMINAL APPEAL NO. 1711 OF 2021
                      BETWEEN:

                      D. SOURI RAJ
                      AGED ABOUT 57 YEARS
                      PROPRIETOR M/S SYSTEM ELECTRICAL
                      RESIDING AT 33, 5TH MAIN ROAD
                      OKALIPURAM, SOUNDARYA DEVI APARTMENT
                      BENGALURU-560 021

                                                                   ...APPELLANT
                      (BY SRI. ASHOK KUMAR .B,ADVOCATE)

                      AND:

                      MANOJ THYAGARAJ
                      S/O THYAGAAJ
                      AGED ABOUT 42 YEARS
                      RESIDING AT NO A3,
Digitally signed by
RENUKAMBA K G         SHARADHA TULIP APARTMENT
Location: High        3RD FLOOR, 3RD CROSS, AECS LAYOUT
Court of
Karnataka             KUNDALAHALLI, WHITEFILED
                      BENGALURU-560 037

                      AND ALSO RESIDING AT
                      M/S KWIKFIX HOSPITALITY PRIVATE LIMITED
                      PLOT NO 8A, ATTIBELE INDUSTRIAL AREA
                      ANEKAL, BENGALURU-562 107

                                                                ...RESPONDENT

                          THIS CRL.A IS FILED U/S.378(4) CR.P.C PRAYING TO
                      SET ASIDE THE JUDGMENT DATED 04.02.2021, PASSED BY
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                                         CRL.A No. 1711 of 2021




THE XXI A.C.M.M., BENGALURU IN C.C.NO.14648/2018, AND
ALLOW THE APPEAL FILED BY THE APPELLANT AND
CONVICT THE RESPONDENT FOR THE OFFENCE P/U/S 138
OF THE N.I ACT AND ETC.

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

                             JUDGMENT

Learned counsel for the appellant is absent.

As is noticed from the order sheet, in spite of granting four opportunities, learned counsel for the appellant has not complied with the office objections and all along the appellant was unrepresented.

Even on the last date of hearing ie., on 06.02.2023, while adjourning the case, this Court has observed that in case of non-compliance of office objection by next date hearing, the appeal will be dismissed. In spite of that, there is no compliance of office objections. It appears that the learned counsel for the appellant is not interested in prosecuting the matter. Hence, the appeal stands dismissed for non-compliance of office objections.

Sd/-

JUDGE KGR* List No.: 1 Sl No.:8