Sharangouda vs Gundappa
2023 Latest Caselaw 913 Kant

        IN THE HIGH COURT OF KARNATAKA
               KALABURAGI BENCH

    DATED THIS THE 13TH DAY OF JANUARY, 2023

                     BEFORE

THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA

        CRIMINAL APPEAL NO.200057/2018

 BETWEEN:

 SHARANGOUDA S/O. SHAMRAYA MALIPATIL,
 AGE: MAJOR, OCC: BUSINESS,
 R/O: PLOT NO.126,
 NGO'S COLONY,
 SEDAM ROAD,
 GULBARGA
                                 ... APPELLANT
 (BY SRI SHARANGOUDA S/O. SHAMRAYA MALIPATIL -
 APPELLANT(ABSENT))


 AND:

 GUNDAPPA S/O. BASWARAJ MALAGE,
 H.NO.1-89, HAGARGA VILLAGE,
 TQ & DIST: GULBARGA-585 103
                                      ... RESPONDENT
 (BY SRI SANJAY A. PATIL, ADVOCATE)
                               -2-
                                         CRL.A. No.200057/2018




      This Criminal Appeal is filed under Section 378(4) of
the Code of Criminal Procedure, praying to set aside the
order and judgment of acquittal dated 02.02.2018 passed
by the IV Addl. Civil Judge and JMFC, Kalaburagi in Crl.C.
No.3607/2014 acquitting the accused for the offences
punishable under Section 138 of Negotiable Instruments
Act.
      This Appeal coming on for Final Disposal, this day,
the Court delivered the following:


                          JUDGMENT

1. Sri Vikram Vijay Kumar, learned counsel for

appellant is permitted to retire from the case.

2. After filing of the retirement memo by the

learned counsel, notice issued against the

appellant is served in-person. Appellant

remained absent. Hence, appeal is dismissed for

non-prosecution.

Sd/-

JUDGE Sbs*