V Srinivasa Murthy vs V Radhakrishna Setty
2023 Latest Caselaw 1551 Kant

                                                 -1-
                                                         CRL.A No. 722 of 2011




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 23RD DAY OF FEBRUARY, 2023

                                                BEFORE
                                THE HON'BLE MR JUSTICE P.N.DESAI
                              CRIMINAL APPEAL NO.722 OF 2011 (A)
                   BETWEEN:

                   V. SRINIVASA MURTHY
                   S/O LATE VENKATRAYAPPA
                   AGED ABOUT 49 YEARS
                   R/AT NO. L-98, 12TH CROSS,
                   4TH MAIN ROAD,
                   LAKSHMINARAYANAPURAM,
                   BANGALORE-560 031.

                                                                    ...APPELLANT
                   (BY SRI. S.R SRINIVASA MURTHY., ADVOCATE - ABSENT)

Digitally signed
by                 AND:
NAGARATHNA M
Location: HIGH
COURT OF
KARNATAKA          V. RADHAKRISHNA SETTY
                   S/O. LATE V. VENKATASWAMAIAH SETTY,
                   AGED ABOUT 72 YEARS
                   R/AT NO. 156, 21ST CROSS,
                   VASAVI TEMPLE STREET
                   SIDLAGHATTA.

                                                                 ...RESPONDENT
                   (BY SMT. GEETHA AND SRI. VENKATRAM., ADVOCATE)

                         THIS CRL.A. FILED UNDER SECTION 378(4) CR.P.C BY THE
                   ADV., FOR THE APPELLANT PRAYING TO SET ASIDE THE ORDER
                   DT:25.4.11 PASSED BY THE P.O., FTC-VI, BANGALORE IN
                   CRL.A.NO.811/10 - ACQUITTING THE RESPONDENT/ACCUSED FOR
                   THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT.

                       THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                                  -2-
                                             CRL.A No. 722 of 2011




                             JUDGMENT

It is seen that the matter is adjourned on several dates. Finally

on last two dates i.e., on 17.01.2023 and 01.02.2023, it was made

clear that if there is no representation for learned counsel for the

parties, the appeal would be dismissed. Today, also, there is no

representation either for the appellant or the respondent. It appears

the parties are not interested to prosecute the case. This is an appeal

against judgment of acquittal in a private complaint under section

138 of N.I. Act. Therefore, in view of the order 17.01.2023 and

01.02.2023, the appeal stands dismissed for non-prosecution.

Sd/-

JUDGE

MN