P Srinivasa Murthy vs M D Sriranganath
2023 Latest Caselaw 3891 Kant

                                             -1-
                                                   CRL.A No. 609 of 2018
                                                     NC: 2023:KHC:22784



                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 3RD DAY OF JULY, 2023

                                          BEFORE
                          THE HON'BLE MS JUSTICE J.M.KHAZI
                           CRIMINAL APPEAL NO.609 OF 2018
                 BETWEEN:

                      P SRINIVASA MURTHY
                      AGED ABOUT 72 YEARS
                      S/O MUNISWAMY,
                      RESIDING AT NO.36, HARI NIVAS,
                      1ST BLOCK, 1ST MAIN, BEL LAYOUT,
                      VIDYARANYAPURA POST,
                      BENGALURU - 560 097
                                                              ...APPELLANT

                 (BY SRI. P SRINIVASA MURTHY, APPELLANT - ABSENT)

                 AND:

                      M D SRIRANGANATH
                      AGED ABOUT 54 YEARS
                      S/O LATE M.R. DEVARAJ
Digitally signed by   RESIDING AT NO.46, 60 FT ROAD,
MADHURI S
                      KURUBARAHALLI, J.C.NAGARA,
Location: High
Court of              BENGALURU - 560 086
Karnataka                                                   ...RESPONDENT
                 (BY SRI. SATHYANARAYANA, ADVOCATE)

                      THIS CRIMINAL APPEAL IS FILED UNDER SECTION
                 378(4) OF CR.P.C PRAYING TO a) SET ASIDE THE IMPUGNED
                 JUDGMENT AND ORDER DATED 18.01.2018, PASSED IN
                 C.C.NO.2635/2013 ON THE FILE OF THE XVIII ADDL. CITY
                 CIVIL & SESSIONS JUDGE, BENGALURU; b) CONVICT THE
                 RESPONDENT FOR THE OFFENCE PUNISHABLE UNDER
                 SECTION 138 OF N.I ACT; AND c) PASS ANY OTHER ORDER,
                 AS THIS HON'BLE COURT MAY DEEM FIT IN THE FACTS AND
                 CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE.
                             -2-
                                  CRL.A No. 609 of 2018
                                    NC: 2023:KHC:22784



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

                         JUDGMENT

Since learned counsel for the appellant had retired

from the case, on 15.03.2023, Court notice was ordered to

be issued to the appellant. He has been duly served as per

report dated 29.03.2023.

Despite the same, he has not chosen to appear. He

has also not engaged any services of any counsel.

It appears that the appellant is not interested in

prosecuting the appeal.

Hence, appeal is dismissed for non prosecution.

Sd/-

JUDGE

MDS