Dr Ahamed K Afzal B D Fiacp (U S A ) vs Sri Muthiulla Shariff
2023 Latest Caselaw 1427 Kant

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                                                          CRL.A No. 290 of 2012




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 20TH DAY OF FEBRUARY, 2023

                                              BEFORE
                                THE HON'BLE MR JUSTICE P.N.DESAI
                                CRIMINAL APPEAL NO.290 OF 2012
                      BETWEEN:
                       DR. AHAMED K.AFZAL (B.D.FIACP (U.S.A))
                       AGED ABOUT 69 YEARS,
                       S/O. K.ABDUL HAMEED,
                       CONSULTING PHYSICIAN AND CARDIOLOGIST,
                       PARK VIEW MEDICAL CENTRE,
                       NO.453, 3RD CROSS, WILSON GARDEN,
                       BANGALORE-560027

                                                                   ...APPELLANT
                      (BY SRI. C.V.NAGESH ASSOCIATES, AND
                          SRI. RAGHAVENDRA, K. ADVOCATE (ABSENT))

                      AND:
                       SRI. MUTHIULLA SHARIFF,
                       AGED ABOUT 46 YEARS,
                       S/O.ABDUL KHADAR, PROPRIETOR,
                       M/S. STANDARAD AUTOMOBILE CONSULTANTS,
Digitally signed by
NAGARATHNA M
                       NO.13, SIDDAIAH ROAD, J.C.ROAD CROSS,
Location: HIGH         OPP:LIONS EYE HOSPITAL,
COURT OF               BANGALORE-560002
KARNATAKA

                                                                 ...RESPONDENT
                      (BY SRI.V.V.GUNJAL, ADVOCATE)

                           THIS CRL.A. 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 JUDGMENT DT.25.01.2012
                      PASSED    BY    THE    P.O.   FTC-VI,    BANGALORE     IN
                      CRL.A.NO.738/2011-ACQUITTING THE RESPONDENT/ACCUSED
                      FOR THE OFFENCE P/U/S 138 OF N.I. ACT. AND CONFIRM THE
                      JUDGEMNT OF CONVICTION AND SENTENCE DT.24.09.2011
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                                          CRL.A No. 290 of 2012




PASSED BY THE XXII ACMM & XXIV ASCJ., BENGALURU IN
C.C.NO.27422/07.

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

                           JUDGMENT

There is no representation for the appellant.

2. It is seen that continuously on several occasions,

there is no representation for the appellant.

3. Even on the last date of hearing, there is no

representation for both the parties.

4. This Court on 22.11.2022, 12.12.2022, 05.01.2023

and on 02.02.2023 had made clear that if arguments are not

addressed or if there is no representation, the appeal would be

dismissed. Despite this Court passing the peremptory order,

on four occasions, today also there is no representation for the

parties.

5. On the last occasion, this Court directed to list this

matter for dismissal, even though, the appellant has not turned

up to the Court nor learned counsel appearing for the appellant

is present. It is seen that the matter is of the year 2012.

CRL.A No. 290 of 2012

It appears that the appellant is not interested in

prosecuting the appeal. In view of the order dated 02.02.2023,

the appeal stands dismissed for non-prosecution.

Sd/-

JUDGE

HJ