Sri Venkob Rao vs Sri Satish Lal
2023 Latest Caselaw 576 Kant

                                                  -1-
                                                          CRL.A No. 990 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 9TH DAY OF JANUARY, 2023

                                               BEFORE
                                  THE HON'BLE MR JUSTICE P.N.DESAI
                                 CRIMINAL APPEAL NO. 990 OF 2017 (A)
                      BETWEEN:

                      SRI. VENKOB RAO
                      S/O LATE SIDDOJI RAO,
                      AGED ABOUT 59 YEARS,
                      RANOJI PALYA,
                      DASANAPURA HOBLI,
                      BANGALORE NORTH TALUK,
                      BANGALORE-560 021.

                                                                     ...APPELLANT

                      (BY SRI. NARASEGOWDA K, ADVOCATE - ABSENT)

                      AND:

                      SRI. SATISH LAL
                      S/O RAMARAO,
                      AGED ABOUT 35 YEARS,
                      PROPRIETOR OF SRS,
                      HARDWARE AND CEMENTS,
Digitally signed by
NAGARATHNA M          RAMA RAO COMPLEX,
Location: HIGH
COURT OF              BASAVANAHALLI CROSS,
KARNATAKA
                      NEAR RAJKUMAR BAR,
                      B.H.ROAD, NELAMANGALA -562 123.

                      AND ALSO R/ AT:
                      MAHARASTRA BEEDI,
                      ADEPETE,
                      OPP., TO BAJANEMANE (DEAD END),
                      NELAMANGALA
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                                             CRL.A No. 990 of 2017




BANGALORE RURAL DISTRICT- 562 123.

                                                       ...RESPONDENT

(NOTICE TO RESPONDENT SERVED-UNREPRESENTED/ABSENT)


     THIS APPEAL IS FILED U/S.378(4) CR.P.C PRAYING TO SET
ASIDE THE JUDGMENT AND ORDER DATED 02.06.2016 PASSED BY
THE   XIX ADDL.C.M.M., BANGALORE IN C.C.NO.16067/2012 -
ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE
PUNISHABLE UNDER SECTION 138 OF N.I. ACT.

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

There is no representation for the appellant when the case is

called during the post-lunch session. The respondent is also not

appearing.

As there is no representation either for the appellant or the

respondent and as the appeal is filed also with a delay of 310 days, it

appears that the appellant is not interested to prosecute the case.

Inspite of the order dated 12.12.2022 stating that the appeal would

be dismissed if there is no representation on the next date of

hearing, today also, there is no representation.

Hence, the appeal is dismissed for non-prosecution.

CRL.A No. 990 of 2017

In view of dismissal of the main appeal, I.A.No.2/2017 and

I.A.No.1/2017 do not survive for consideration. Accordingly, they are

dismissed.

Sd/-

JUDGE

MN