Smt Bindu D S vs Mr Girish S
2023 Latest Caselaw 4649 Kant

                                             -1-
                                                   CRL.A No. 1199 of 2017
                                                      NC: 2023:KHC:25163




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 19TH DAY OF JULY, 2023

                                        BEFORE
                          THE HON'BLE MS JUSTICE J.M.KHAZI
                          CRIMINAL APPEAL NO.1199 OF 2017
               BETWEEN:

                    SMT BINDU D S
                    W/O INDRA KUMAR P
                    AGED ABOUT 36 YEARS
                    R/AT NO 71, 3RD FLOOR,
                    C M PLAZA, 8TH CROSS,
                    1ST MAIN, S R NAGARA
                    BENGALURU - 560027

                                                             ...APPELLANT
               (BY SRI. LAKSHMEESHA,ADVOCATE - ABSENT)

               AND:

                    MR GIRISH S
                    S/O SHVIARAJU M
                    AGED ABOUT 30 YEARS
Digitally signed    R/AT NO 163, 3RD CROSS,
by REKHA R          PRAGATHIPURA
Location: High      B S K 2ND STAGE
Court of            KANKAPURA MAIN ROAD
Karnataka
                    BENGALURU - 560070
                                                           ...RESPONDENT
               (BY SRI. RUDRAPPA. P, ADVOCATE)

                    THIS CRIMINAL APPEAL IS FILED UNDER SECTION
               378(4) OF CR.P.C PRAYING TO a) SET ASIDE THE JUDGMENT
               DATED IN C.C.NO.26393/2016 DATED 28.04.2017 ON THE FILE
               OF THE XXI ADDL. C.M.M., BENGALURU ACQUITTING THE
               ACCUSED OF THE OFFICE UNDER 138 OF THE NI.ACT AND
               CONVICT THE RESPONDENT FOR THE OFFENCE UNDER
               SECTION 138 OF N.I.ACT; b) GRANT SUCH OTHER RELIEF AS
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                                             CRL.A No. 1199 of 2017
                                                NC: 2023:KHC:25163




THIS HON'BLE COURT DEEMS               FIT    TO   GRANT   IN   THE
CIRCUMSTANCES OF THE CASE.

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

                            JUDGMENT

No representation for appellant.

No representation for appellant even in the afternoon

session.

Learned counsel for respondent present.

This is an appeal filed challenging the acquittal of accused

for the offence punishable under Section 138 of N.I.Act.

On 27.06.2023, a conditional order was passed to the

effect that if appellant fails to proceed with the matter,

necessary orders would be passed for dismissal of appeal.

It appears appellant is not interested in prosecuting the

appeal.

Hence, I.A.No.1/2017 is rejected. Consequently, appeal is

dismissed.

Sd/-

JUDGE

RR