Mary Urusula Sumathi vs Rani John
2023 Latest Caselaw 691 Kant

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   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 10 T H DAY OF JANUARY, 2023

                        BEFORE

         THE HON'BLE MR.J USTICE P.N.DESAI

        CRIMINAL APPEAL NO.595 OF 2012 (A)

BETWEEN:

MARY URUSULA SUMATHI
W/O: M. A. DHANESHWAR
NO:4, MOUNAGURU MUTT ROAD,
COX TOWN
BANGALORE -5,
NOW PRESENTLY AT - EMMANVEL,
NO.13, LEPAKSHY LAYOUT,
BANJARA ORCHARD,
HORAMADU MAIN ROAD,
BANGALORE -43.
                                          ...APPELLANT

(BY SRI. G. NATARAJ, ADVOCATE- ABSENT)

AND:


RANI JOHN
W/O: MR. JOHN
#187, SAIT PALAYAM
THOMAS TOWN POST,
LINGARAJAPURAM
BANGALORE-84.

AND ALSO:
ST. MARY'S GIRLS SCHOOL
OPP: TO POLICE QUARTERS
OLD CEMENTRY ROAD,
SHIVAJI NAGAR,
BANGALORE -1.

                                         ...RESPONDENT

(NOTICE TO RESPONDENT -SERVED UNREPRESENTED)
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     THIS CRL.A IS FILED U/S.378(4) OF CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT DATED 31/01/2012 IN C.C.
No.27512/2007 PASSED BY THE XVII ADDL. SMALL CAUSES
COURT & XXV ACMM., BANGALORE - 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:

                          JUDGMENT

There is no representation for the appellant. The matter is

of the year 2012. Even on the last date of hearing, this Court

vide order dated 05.01.2023 had made it clear that if there is no

representation on behalf of the appellant on the next date of

hearing, the appeal shall be dismissed. Inspite of the same,

today also i.e., 10.01.2023, there is no representation. It

appears the appellant is not interested in prosecuting the case.

Hence, the appeal is dismissed for non-prosecution.

Sd/-

JUDGE

MN/-