Smt Thulasi Bai W/O Rajashekar Rao vs Smt Leela Bai
2023 Latest Caselaw 766 Kant

                                                -1-
                                                            CRL.A No. 459 of 2012




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                              DATED THIS THE 11TH DAY OF JANUARY, 2023
                                               BEFORE
                                  THE HON'BLE MR JUSTICE P.N.DESAI
                                  CRIMINAL APPEAL NO. 459 OF 2012
                      BETWEEN:
                      1.   SMT THULASI BAI
                           W/O RAJASHEKAR RAO
                           AGE 40 YEARS
                           R/AT NARAYANAPPA BUILDING,
                           I MAIN I CROSS KENCHANAHALLI
                           RAJARAJESHWARINAGAR,
                           BENGALURU 560 098
Digitally signed by
NAGARATHNA M                                                         ...APPELLANT
Location: HIGH
COURT OF
KARNATAKA             (BY SRI. VIJAYAKUMARA., ADVOCATE (NO REPRESENTATION))


                      AND:
                      1.   SMT LEELA BAI
                           W/O D SHIVAJI RAO
                           AGED 49 YEARS
                           R/AT NO 24, 4TH CROSS
                           BDA COLONY NAGARABHAVI 2ND STAGE,
                           PATTEGARAPALYA,
                           BANGALORE -560 079

                                                                  ...RESPONDENT
                      (BY SRI. H V SHIVAKUMAR, ADVOCATE)
                                  -2-
                                                  CRL.A No. 459 of 2012




     THIS CRIMINAL APPEAL IS FILED U/S.378(4) CR.P.C BY THE
ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HON'BLE
COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT OF
ACQUITTAL IN C.C.NO.7093/2010 DATED 10.2.2012 BY THE XVI -
ADDL.     CHIEF    METROPOLITAN        MAGISTRATE,       BANGALORE     -
ACQUITTING       THE   RESPONDENT/ACCUSED          FOR   THE   OFFENCE
P/U/S. 138 OF N.I.ACT.


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


                            JUDGMENT

Learned counsel for appellant filed a memo for retirement

stating that no instructions are received from the appellant

since long time, inspite of issuing notice to intimate the same.

The notice sent to appellant is returned with endorsement that

'no such person'.

2. It shows that appellant is not interested in

prosecuting the appeal.

3. The memo is placed on record.

CRL.A No. 459 of 2012

4. Learned counsel for respondent is present.

5. Since the appeal is of the year 2012, no purpose

would be served in keeping the appeal pending.

Hence, appeal is dismissed for non prosecution.

Sd/-

JUDGE

BVK