M Shivakumar vs Shashidhara C
2023 Latest Caselaw 2780 Kant

                                             -1-
                                                        CRL.A No.70/2022




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 1ST DAY OF JUNE, 2023

                                         BEFORE

                       THE HON'BLE MRS JUSTICE K.S.MUDAGAL

                           CRIMINAL APPEAL NO.70/2022 (A)

                BETWEEN:

                M SHIVAKUMAR
                S/O LATE K MANI
                AGED ABOUT 47 YEARS
                R/AT NO.121/1, VII CROSS
                1ST MAIN ROAD, CHAMARAJPET
                BANGALORE - 560 008                           ...APPELLANT

                (BY SRI N SURESHA, ADVOCATE (ABSENT))
                AND:

                SHASHIDHARA C
                S/O H S CHANDRASHEKARAIAH
                AGED ABOUT 51 YEARS
                R/AT NO.1372/3
                II MAIN, 5TH CROSS
Digitally       YESHWANTHPURA
signed by A K   BANGALORE - 560 022                         ...RESPONDENT
CHANDRIKA
Location:
High Court of         THIS CRIMINAL APPEAL IS FILED UNDER SECTION 397 R/W
Karnataka       401 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED
                08.11.2016 PASSED BY THE SENIOR CIVIL JUDGE, HARIHAR IN
                C.C.NO.33/2016.

                     THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY,
                THE COURT DELIVERED THE FOLLOWING:
                              -2-
                                           CRL.A No.70/2022




                        JUDGMENT

None appears for the appellant. This is complainant's

appeal against the order of dismissal of the complaint for

not taking steps to serve the respondent/accused. The

records show that the original proceedings were of the year

2009 and the complaint was ultimately dismissed on

23.12.2016 i.e. after more than 7 years.

The records show that on previous two hearing dates

also there was no representation for the appellant. It

appears that the appellant is not interested in prosecuting

the matter. Therefore the appeal is dismissed for non

compliance.

Sd/-

JUDGE

KSR