Karnataka High Court
Agriculture Produce Market ... vs Sri H Onkarappa on 18 July, 2023
Bench: J.M.Khazi
-1-
CRL.A No. 1096 of 2012
C/W CRL.A No. 1095 of 2012
CRL.A No. 1097 of 2012
CRL.A No. 1106 of 2012
CRL.A No. 1107 of 2012
CRL.A No. 1108 of 2012
NC: 2023:KHC:25007
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.1096 OF 2012
C/W
CRIMINAL APPEAL NO.1095 OF 2012
CRIMINAL APPEAL NO.1097 OF 2012
CRIMINAL APPEAL NO.1106 OF 2012
CRIMINAL APPEAL NO.1107 OF 2012
CRIMINAL APPEAL NO.1108 OF 2012
IN CRIMINAL APPEAL NO.1096 OF 2012
BETWEEN:
AGRICULTURE PRODUCE MARKET COMMITTEE
SHIMOGA,
BY ITS SECRETARY,
SRI. B.E.GOVINDARAJU,
Digitally signed S/O B.ESHWARA MURTHY,
by REKHA R AGED 52 YEARS, APMC YARD,
Location: High B.H.ROAD, SHIMOGA
Court of
Karnataka ...APPELLANT
(BY SRI. C S PATIL, ADVOCATE - ABSENT)
AND:
SRI B T SRINIVASA
S/O B.THAMMAIAH, AGED 60 YEARS
MANAGING PARTNER,
MEGARAVALLI ARECANUT TRADING COMPANY,
GANDHI BAZAR,
SHIMOGA - 577 201.
...RESPONDENT
CRL.A No. 1096 of 2012
C/W CRL.A No. 1095 of 2012
CRL.A No. 1097 of 2012
CRL.A No. 1106 of 2012
CRL.A No. 1107 of 2012
CRL.A No. 1108 of 2012
NC: 2023:KHC:25007
(BY SRI. K.N.DAYALU, ADVOCATE)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(4) OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED
JUDGMENT AND ORDER DATED 25.07.2012 IN
C.C.NO.3913/2009 ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE AND C.J.M AT SHIMOGA AND CONVICT THE ACCUSED /
RESPONDENT BY SENTENCING HIM AND RECOVER THE
MARKET FEE WITH PENALTY, IN ACCORDANCE WITH LAW, U/S
144, 116 OF KAPMC ACT, AS PRAYED FOR, IN THE INTEREST
OF JUSTICE AND EQUITY.
IN CRIMINAL APPEAL NO.1095 OF 2012
BETWEEN:
AGRICULTURE PRODUCE MARKET COMMITTEE
SHIMOGA,
BY ITS SECRETARY,
SRI. B.E.GOVINDARAJU,
S/O B.ESHWARA MURTHY,
AGED 52 YEARS, APMC YARD,
B.H.ROAD, SHIMOGA
...APPELLANT
(BY SRI. C S PATIL, ADVOCATE - ABSENT)
AND:
SRI H ONKARAPPA
S/O N.R.HALAGAPPA
AGED 60 YEARS
M/S HALAGAPPA AND SONS,
APMC YARD, B.H. ROAD,
SHIMOGA-577 201.
...RESPONDENT
(BY SRI. S.B.TOTAD, ADVOCATE)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(4) OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED
CRL.A No. 1096 of 2012
C/W CRL.A No. 1095 of 2012
CRL.A No. 1097 of 2012
CRL.A No. 1106 of 2012
CRL.A No. 1107 of 2012
CRL.A No. 1108 of 2012
NC: 2023:KHC:25007
JUDGMENT AND ORDER DATED 25.07.2012 IN
C.C.NO.3912/2009 ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE AND C.J.M AT SHIMOGA AND CONVICT THE ACCUSED /
RESPONDENT BY SENTENCING HIM AND RECOVER THE
MARKET FEE WITH PENALTY, IN ACCORDANCE WITH LAW, U/S
144, 116 OF KAPMC ACT, AS PRAYED FOR, IN THE INTEREST
OF JUSTICE AND EQUITY.
IN CRIMINAL APPEAL NO.1097 OF 2012
BETWEEN:
AGRICULTURE PRODUCE MARKET COMMITTEE
SHIMOGA,
BY ITS SECRETARY,
SRI. B.E.GOVINDARAJU,
S/O B.ESHWARA MURTHY,
AGED 52 YEARS, APMC YARD,
B.H.ROAD, SHIMOGA
...APPELLANT
(BY SRI. C S PATIL, ADVOCATE - ABSENT)
AND:
SRI M M PADMANABHA
S/O MUDDAIAH
AGED ABOUT 37 YEARS
MANAGING PARTNER
SRI GAJANANA ARECANUT TRADERS
NO.B-10/A, A.P.M.C. YARD, B.H.ROAD
SHIMOGA - 577 201
...RESPONDENT
(BY SRI. HITESH GOWDA B J, ADVOCATE FOR
SRI. K.DIWAKAR, ADVOCATE)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(4) OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED
JUDGMENT AND ORDER DATED 25.07.2012 IN
C.C.NO.3914/2009 ON THE FILE OF THE PRL. SENIOR CIVIL
CRL.A No. 1096 of 2012
C/W CRL.A No. 1095 of 2012
CRL.A No. 1097 of 2012
CRL.A No. 1106 of 2012
CRL.A No. 1107 of 2012
CRL.A No. 1108 of 2012
NC: 2023:KHC:25007
JUDGE AND C.J.M AT SHIMOGA AND CONVICT THE ACCUSED /
RESPONDENT BY SENTENCING HIM AND RECOVER THE
MARKET FEE WITH PENALTY, IN ACCORDANCE WITH LAW, U/S
144, 116 OF KAPMC ACT, AS PRAYED FOR, IN THE INTEREST
OF JUSTICE AND EQUITY.
IN CRIMINAL APPEAL NO.1106 OF 2012
BETWEEN:
AGRICULTURE PRODUCE MARKET COMMITTEE
SHIMOGA,
BY ITS SECRETARY,
SRI. B.E.GOVINDARAJU,
S/O B.ESHWARA MURTHY,
AGED 52 YEARS, APMC YARD,
B.H.ROAD, SHIMOGA
...APPELLANT
(BY SRI. C S PATIL, ADVOCATE - ABSENT)
AND:
SRI H ONKARAPPA
S/O N.R.HALAGAPPA
AGED 50 YEARS
M/S N.R.HALAGAPPA AND SONS,
APMC YARD, B.H. ROAD,
SHIMOGA-577 201.
...RESPONDENT
(BY SRI. S.B.TOTAD, ADVOCATE)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(4) OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED
JUDGMENT AND ORDER DATED 25.07.2012 IN
C.C.NO.3911/2009 ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE AND C.J.M AT SHIMOGA AND CONVICT THE ACCUSED /
RESPONDENT BY SENTENCING HIM AND RECOVER THE
MARKET FEE WITH PENALTY, IN ACCORDANCE WITH LAW, U/S
CRL.A No. 1096 of 2012
C/W CRL.A No. 1095 of 2012
CRL.A No. 1097 of 2012
CRL.A No. 1106 of 2012
CRL.A No. 1107 of 2012
CRL.A No. 1108 of 2012
NC: 2023:KHC:25007
144, 116 OF KAPMC ACT, AS PRAYED FOR, IN THE INTEREST
OF JUSTICE AND EQUITY.
IN CRIMINAL APPEAL NO.1107 OF 2012
BETWEEN:
AGRICULTURE PRODUCE MARKET COMMITTEE
SHIMOGA,
BY ITS SECRETARY,
SRI. B.E.GOVINDARAJU,
S/O B.ESHWARA MURTHY,
AGED 52 YEARS, APMC YARD,
B.H.ROAD, SHIMOGA
...APPELLANT
(BY SRI. C S PATIL, ADVOCATE - ABSENT)
AND:
SRI D M SHANKARAPPA
S/O D MALLAPPA, AGED 43 YEARS
MANAGING PARTNER
SRI SHIVALINGESWARA ARECANUT TRADERS
A.P.M.C. YARD, B.H. ROAD
SHIMOGA - 577 201
...RESPONDENT
(BY SRI. S.B.TOTAD, ADVOCATE)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(4) OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED
JUDGMENT AND ORDER DATED 25.07.2012 IN
C.C.NO.3915/2009 ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE AND C.J.M AT SHIMOGA AND CONVICT THE ACCUSED /
RESPONDENT BY SENTENCING HIM AND RECOVER THE
MARKET FEE WITH PENALTY, IN ACCORDANCE WITH LAW, U/S
144, 116 OF KAPMC ACT, AS PRAYED FOR, IN THE INTEREST
OF JUSTICE AND EQUITY.
CRL.A No. 1096 of 2012
C/W CRL.A No. 1095 of 2012
CRL.A No. 1097 of 2012
CRL.A No. 1106 of 2012
CRL.A No. 1107 of 2012
CRL.A No. 1108 of 2012
NC: 2023:KHC:25007
IN CRIMINAL APPEAL NO.1108 OF 2012
BETWEEN:
AGRICULTURE PRODUCE MARKET COMMITTEE
SHIMOGA,
BY ITS SECRETARY,
SRI. B.E.GOVINDARAJU,
S/O B.ESHWARA MURTHY,
AGED 52 YEARS, APMC YARD,
B.H.ROAD, SHIMOGA
...APPELLANT
(BY SRI. C S PATIL, ADVOCATE - ABSENT)
AND:
SRI B B UMESH
S/O R BASAVARAJU
AGED 32 YEARS
MANAGING PARTNER
SRI VEDA SUPARI COMPANY
ARECANUT TRADERS
GANDHI BAZAR
SHIMOGA - 577 201
...RESPONDENT
(BY SRI. S.B.TOTAD, ADVOCATE)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(4) OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED
JUDGMENT AND ORDER DATED 25.07.2012 IN
C.C.NO.3916/2009 ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE AND C.J.M AT SHIMOGA AND CONVICT THE ACCUSED /
RESPONDENT BY SENTENCING HIM AND RECOVER THE
MARKET FEE WITH PENALTY, IN ACCORDANCE WITH LAW, U/S
144, 116 OF KAPMC ACT, AS PRAYED FOR, IN THE INTEREST
OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
CRL.A No. 1096 of 2012
C/W CRL.A No. 1095 of 2012
CRL.A No. 1097 of 2012
CRL.A No. 1106 of 2012
CRL.A No. 1107 of 2012
CRL.A No. 1108 of 2012
NC: 2023:KHC:25007
JUDGMENT
No representation for appellants.
No representation for appellants even in the afternoon
session.
Learned counsel for respondents present.
On 11.07.2023, a conditional order was passed to the
effect that if appellants fail to proceed with the matter,
necessary orders would be passed for dismissal of appeals.
It appears appellants are not interested in prosecuting
the appeals.
Hence, appeals are dismissed for non-prosecution.
Sd/-
JUDGE
RR
