R Shahbaz Pasha vs Abdul Rahman
2023 Latest Caselaw 175 Kant

                                                    -1-
                                                               CRL.A No. 88 of 2011




                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 3RD DAY OF JANUARY, 2023

                                                BEFORE
                                THE HON'BLE MR JUSTICE P.N.DESAI
                               CRIMINAL APPEAL NO. 88 OF 2011 (A)
                       BETWEEN:

                       1.   R. SHAHBAZ PASHA
                            S/O.LATE MD. IBRAHIM
                            AGED ABOUT 33 YEARS
                            R/O.NO.11, 2ND CROSS, OPP. SUNSHINE SCHOOL,
                            ASHWATH NAGAR, BANGALORE 94

                                                                          ...APPELLANT
Digitally signed by    (COURT NOTICE OF APPELLANT RETURNED UNSERVED
NAGARATHNA M           AS VACATED AND SOLD THE HOUSE)
Location: HIGH COURT
OF KARNATAKA


                       AND:

                       1.   ABDUL RAHMAN
                            S/O.ABDUL NABI
                            R/O.NO.65, 3RD CROSS,
                            BABU REDDY LAYOUT
                            R. T. NAGAR POST, BANGALORE 32

                                                                      ...RESPONDENT
                       (BY SMT. SHALINI S., 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 ORDER DT: 20.10.10 PASSED BY THE XII ACMM,
                       B'LORE    IN     C.C.NO.30432/06     -    ACQUITTING      THE
                       RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

                           THIS CRL.A., IS COMING ON FOR ORDERS, THIS DAY, THE
                       COURT DELIVERED THE FOLLOWING:
                             -2-
                                        CRL.A No. 88 of 2011




                        JUDGMENT

It is seen that the appellant is not appearing before

the Court on the previous occasions.

2. The appeal is of the year 2011. The Court

notice issued to the counsel reported as returned with

endorsement that both counsel are no more. The Court

notice issued to the appellant was also reported that, the

whereabouts of the appellant are not known and he not

residing in the said address since 2008.

3. It appears that the parties are not interested in

prosecuting the case. Therefore, no useful purpose would

be served by keeping this appeal pending. Hence, as

there is no representation and no one has appeared before

the Court to prosecute the appeal, the appeal stands

dismissed for non-prosecution.

Sd/-

JUDGE

GJM