Srinivas N vs K. Raju (Driver)
2023 Latest Caselaw 89 Kant

                            1


  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 2 N D DAY OF JAN UARY, 2023

                        PRESENT

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

            CRIMINAL APPEAL NO.1513/2016

BETWEEN:
SRINIVAS N.,
S/O. NARASHIMAIH,
AGED ABOUT 36 YEARS,
R/AT NO.123, 2N D CROSS ROAD,
MANJUNATHA NAGAR,
ETTUMADU, BANSHANKARI
3R D STAGE, BANGALORE - 560 085.
                                           ... APPELLANT
(BY SRI. R.SRINIVAS, ADVOCATE - ABSENT)

AND:
K.RAJU (DRIVER)
OFFICE OF THE EXECUTIVE ENGINEER,
QUALITY CONTROL DIVISION,
PANCHAYAT ENGINEERING OFFICER,
ANANDRAO CIRCLE, BENGALURU - 9,
RESIDING AT NO.71, NAGARBHAVI,
2ND STAGE, RAMAKRISHNAIAH LAYOUT,
MALAGALA, BANGALORE - 560 090.
                                          ...RESPONDENT

(BY SRI. R.P.SOMASHEKARAIAH, ADVOCATE - ABSENT)


       THIS APPEAL IS FILED UNDER SECTION 378 (4) OF
CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT DATED
02.08.2016 PASSED BY THE XXIII ADDL.C.M.M., BANGALORE IN
C.C.NO.12641/2013 ACQUITTING THE RESPONDENT/ACCUSED
FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.
ACT.
                              2


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

                          JUDGMENT

Learned counsel for appellant and respondent are

absent.

2. No representation.

3. This matter was already once dismissed on

08.08.2019. As per the application of the appellant, on

08.11.2019 the said order was recalled at cost of

Rs.10,000/-. Till date neither the cost is paid nor the

appellant is appearing.

4. It shows that appellant is not interested in

prosecuting the case.

Hence, appeal stands dismissed for non prosecution.

Sd/-

JUDGE

BVK