Sri Vishan Raj vs Aguila Infotech Pvt Ltd
2023 Latest Caselaw 3206 Kant

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                                                       NC: 2023:KHC:20494
                                                       CRL.A No. 1497 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 13TH DAY OF JUNE, 2023

                                             BEFORE
                               THE HON'BLE MS JUSTICE J.M.KHAZI
                              CRIMINAL APPEAL NO. 1497 OF 2016

                   BETWEEN:

                         SRI. VISHAN RAJ,
                         S/O. LATE. MISRIMAL,
                         AGED ABOUT 53 YEARS,
                         NOW RESIDING AT NO.28,
                         "MISRI NIVAS", 11TH CROSS,
                         H.N. LAYOUT,
                         VIYALIKAVAL,
                         BANGALORE - 560 003.

                                                                 ...APPELLANT

                   (BY SRI. SRINIVAS N., ADVOCATE (ABSENT))

                   AND:

Digitally signed   1.    AGUILA INFOTECH PVT., LTD.,
by REKHA R               NO.14-4-50/4,
Location: High
Court of                 2ND FLOOR, DEENAR,
Karnataka                MANSION, BALMATTA ROAD,
                         HAMPANAKATTA,
                         MANGALORE - 575 001

                         REPRESENTED BY MANAGING DIRECTOR,
                         GIRISH RAI ALEKKADY.
                   2.    SRI. GIRISH RAI ALEKKADY,
                         S/O. RAMANNA RAI,
                         AGED ABOUT 52 YEARS,
                         R/AT NO.4-7-730/8,
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                                    NC: 2023:KHC:20494
                                    CRL.A No. 1497 of 2016




     KODIYAL BAILU,
     MANGALORE,
     DAKSHINA KANNADA - 575 001.
     AND ALSO AT
     D.NO.14-4501/4,
     DEENAR MANSION,
     2ND FLOOR, BALMATTA ROAD,
     HAMPANAKATTA,
     MANGALORE - 575 001.
     AND ALSO AT
      AGUILA INFOTECH PVT., LTD.,
     NO.14-4-50/4, 2ND FLOOR,
     DEENAR MANSION,
     BALMATTA ROAD,
     HAMPANAKATTA,
     MANGALORE - 575 001.
3.   SMT. SHUBHA GIRISH RAI,
     W/O. GIRISH RAI ALEKKADY,
     AGED ABOUT 42 YEARS,'
     RESIDING AT NO.4-7-730/8,
     KODIYAL BAILU,
     MANGALORE,
     DAKSHINA KANNADA - 575 001.
     AND ALSO AT
     AGUILA INFOTECH PVT., LTD.,
     NO.14-4-50/4, 2ND FLOOR,
     DEENAR MANSION,
     BALMATTA ROAD,
     HAMPANAKATTA,
     MANGALORE - 575 001.

                                           ...RESPONDENTS

     THIS CRL.A. IS FILED U/S.378(4) OF CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED 01.07.2016 PASSED BY THE XIX
ACMM, BANGALORE IN C.C.NO.3569/2016, WHO WAS PLEASED
TO DISMISSED THE COMPLAINANT AS NON-PROSECUTION
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                                      NC: 2023:KHC:20494
                                      CRL.A No. 1497 of 2016




AND ACQUITTED THE ACCUSED NO.2 FOR THE OFFENCE P/U/S
138 OF N.I ACT.

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

                          JUDGMENT

No representation on behalf of the appellant.

2. The matter is of the year 2016.

3. On 01.12.2022, a conditional order was passed

granting two weeks time, with a condition that, if steps are

not taken by the next date, necessary orders would be

passed for dismissal of the appeal.

4. Thereafter, one more adjournment is granted,

at the request of learned counsel for appellant despite the

same steps are not taken.

5. It appears that appellant is not interested in

prosecuting the appeal.

NC: 2023:KHC:20494 CRL.A No. 1497 of 2016

Hence, appeal is dismissed for non prosecution.

Sd/-

JUDGE

URN