Mr. Mirza Akbar Ali vs Mr. Bhakthavathsalam I.M
2023 Latest Caselaw 3529 Kant

                                             -1-
                                                    CRL.A No. 294 of 2021
                                                       NC: 2023:KHC:21317




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 20TH DAY OF JUNE, 2023

                                          BEFORE
                            THE HON'BLE MS JUSTICE J.M.KHAZI
                            CRIMINAL APPEAL NO.294 OF 2021
                   BETWEEN:

                      MR. MIRZA AKBAR ALI
                      SON OF LATE MIRZA MUSTAFA ALI,
                      AGED ABOUT 72 YEARS,
                      RESIDING AT NO.12/3,
                      GROUND FLOOR,
                      6TH CROSS, LAKSHMI ROAD,
                      SHANTHINAGARA,
                      BENGALURU - 560 027.
                                                                 ...APPELLANT
                   (BY SRI. RAHUL CARIAPPA, ADVOCATE - ABSENT)

                   AND:

                      MR. BHAKTHAVATHSALAM I.M
                      SON OF LATE LYTH MADAPPA
                      AGED ABOUT 77 YEARS,
Digitally signed      RESIDING AT NO.28, EAST CIRCLE ROAD,
by REKHA R            V V PURAM,
Location: High        BENGALURU - 560 004.
Court of
Karnataka                                                    ...RESPONDENT

                        THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374
                   OF CR.P.C PRAYING TO a) SET ASIDE THE       IMPUGNED
                   JUDGMENT     AND    ORDER    DATED    20.12.2019  IN
                   C.C.NO.28480/2018 ON THE FILE OF THE XXI ADDITIONAL
                   CHIEF METROPOLITAN MAGISTRATE, BENGALURU; b) ALLOW
                   THE ABOVE APPEAL CONVICTING THE RESPONDENT FOR THE
                   OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE
                   INSTRUMENTS ACT IN THE INTEREST OF JUSTICE AND
                   EQUITY; AND c) PASS SUCH OTHER ORDER/S AS THIS
                   HON'BLE COURT DEEM FIT TO GRANT IN THE CIRCUMSTANCES
                   OF THE CASE.
                                 -2-
                                          CRL.A No. 294 of 2021
                                            NC: 2023:KHC:21317




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

                          JUDGMENT

No representation for appellant.

No representation for appellant even in the afternoon

session.

On 19.01.2023, a conditional order was passed that if

within one week office objections are not complied with,

appeal shall stand dismissed.

It appears despite the said order office objections are

not complied with.

Hence, appeal is dismissed for default for non

complying of office objections.

Sd/-

JUDGE

RR