Sri. Hobalaiah vs Sri. C. Ramesh
2023 Latest Caselaw 3756 Kant

                                             -1-
                                                       CRL.A No. 903 of 2018
                                                         NC: 2023:KHC:22241




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 27TH DAY OF JUNE, 2023

                                          BEFORE
                            THE HON'BLE MS JUSTICE J.M.KHAZI
                            CRIMINAL APPEAL NO.903 OF 2018
                   BETWEEN:

                      SRI. HOBALAIAH
                      S/O LATE SONNEGOWDA,
                      PRESENTLY AGED ABOUT 70 YEARS,
                      RESIDING AT NO.48/2-2, 4TH MAIN,
                      PIPELINE, (WEST), KASTHURIBA NAGAR,
                      MYSORE ROAD,
                      BENGALURU - 560 026.

                                                                 ...APPELLANT
                   (BY SRI. H V DEVARAJU, ADVOCATE - ABSENT)

                   AND:

                      SRI. C. RAMESH
                      S/O LATE CHOWDAPPA,
                      AGED ABOUT 59 YEARS,
Digitally signed
by REKHA R            RESIDING AT NO.130, II FLOOR,
Location: High        SMT. NAGARATHNAMMA NILAYA,
Court of              II 'A' MAIN ROAD, RHCS LAYOUT,
Karnataka             ANNAPOORNESHWARINAGARA,
                      BENGALURU - 560 091,

                      PRESENTLY AT NO.132,
                      II PHASE, ANNAPOORNESHWARINAGARA,
                      SRIGANDADA KAVALU,
                      BENGALURU - 560 091.

                                                               ...RESPONDENT
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                                        CRL.A No. 903 of 2018
                                             NC: 2023:KHC:22241




       THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(4) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT
DATED 07.04.2018 PASSED IN C.C.NO.21378/2013 ON THE
FILE   OF   THE   XXIII   ADDITIONAL      CHIEF   METROPOLITAN
MAGISTRATE,       NRUPATHUNGA        ROAD,    BENGALURU     CITY,
ACQUITTING THE ACCUSED FROM THE OFFENCES PUNISHABLE
UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT AND
ALLOW THE APPEAL WITH COST IN THE INTEREST OF JUSTICE.


       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.

This appeal is of the year 2018. Despite the same,

steps are not taken against respondent by furnishing correct

address.

On 08.06.2023, a conditional order was passed

granting two weeks time and if steps are not taken, to be

posted today for passing necessary orders for dismissal of

appeal.

CRL.A No. 903 of 2018 NC: 2023:KHC:22241

It appears appellant is not interested in prosecuting the

appeal.

Hence, appeal is dismissed for default.

Sd/-

JUDGE

RR